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Encroachment Agreement Question

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carlm2005

Junior Member
What is the name of your state? Washington State.
I live in a plat which has 5 common lots owned by the 319 home owners in the plat. Several years ago it was discovered that the persons living next to one of these lots had major encroachments on it. An agreement was negotiated between the encroachers and one (husband and wife) party in the plat and signed by the President of the neighborhood's community club without being given power of attorney by any of the 319 owners of these joint common lots. The community club board which does not own these lots (except for thier individual shares) presented this agreement to a vote for approval. It passed by the majority of plat residents. It allowed the encroachers to continue using our lot for parking and a stairway. But now the encroachers are in violation of other stipulations of the agreement, and are threatening to sue all of the residents of the plat if they don't get their way. My question is if this agreement is really legally binding on myself and the other plat residents who did not sign it or just the parties to it?
 


John Se

Member
sounds like idle threats

so let them sue, how much money do you think they have to devote to the fight, is it worth any money to them? If they do not stand to gain monetarily then how much money will they spend to fight?. Are they really rich or are they lawyers who can fight for free. Their agreement is probably binding but since they have breached it make it hard to make a case why the court should enforce it?
 

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