Legal Question in Real Estate Law in Washington

Re: neighborhood community space encroachment

Your option is to take all the documentation available to you - your purchase and sale agreement, everything you have about the location of the tank, and your CC+R's and get to a local attorney who handles real property issues, and pay for a consultation.

You may have recourse against your seller and / or your title insurance company. This turns on who knew what about the errantly located septic tank when and whether that information was properly disclosed to you, and how the HOA learned that there was a problem with the location of the tank, and why this was not dealt with by your seller before you agreed to buy the house.

Your HOA is demanding a great deal of effort and money on your part over an issue that sounds fairly minor. You should bring any correspondence you have received from the HOA to your meeting with the lawyer.

WHen there is a dispute like this arising out of the purchase and sale of real property the contract provides for attorney fees and costs to be paid by the non prevailing party. That may help an attorney decide to take on your case.

But don't wait, if the HOA is making demands the sooner you deal with this the better.

Hope this helps. Powell