Hartstene Pointe Maintenance Association v. John E. Diehl

Condominium By-Laws Violation - Hartstene Pointe is a 530-lot community formed by a subsidiary
of the Weyerhaeuser Corporation on Hartstene Island in Mason
County. Lots in the community are subject to restrictive
"Covenants, Conditions, and Restrictions" (CC&Rs), whose purpose
is "to protect the value and desirability of the aforesaid real
property." These covenants are enforced by an Architectural
Control Committee (ACC), appointed by the Hartstene Point
Maintenance Association's Board of Directors (HPMA).

Article VI of the CC&Rs governs "Architectural Controls," and
provides, in relevant part:

No landscaping work, including the removal of natural
trees, shrubs, brush, and other ground cover, shall
be undertaken on any Platted Residential Lot until
the plans and specifications showing the nature and
other details of the proposed work shall have been
submitted to and approved in writing by the Board of
Directors of the Association or by the aforementioned
architectural control committee appointed by the
Board.

In May 1992, John Diehl, owner of lot 92 in Hartstene Pointe,
submitted an application to remove trees from his property in
order to construct a residence. Diehl proposed cutting over 30
trees. Diehl's application was approved on condition that he not
cut a single 26-inch diameter cedar located approximately 15 feet
from the south side of his proposed home. The tree was located in
the middle of an area where Diehl proposed to build a
"Japanese-style garden." Diehl appealed the ACC decision to the
Board of Trustees, which eventually denied it.

Nevertheless, Diehl removed the tree. No further action was
taken until a separate dispute over road maintenance arose
approximately one year later. In December 1993, the
new chairman of the ACC notified Diehl that a fine of $1,000
had been levied against Diehl for cutting the tree, as well as
other fines relating to other disputed matters that are not the
subject of this appeal. Diehl appealed the fines to the Board,
which denied his appeal. The Board also imposed other sanctions,
including the loss of his voting privileges in the HPMA.

In May 1994, the HPMA sued to abate alleged violations of
several covenants; the HPMA also sought a monetary judgment and
suspension of voting rights and use-privileges for HPMA common
areas and facilities.

Following a six day trial, the trial court
invalidated fines against Diehl in the amount of $4,500, finding
that the HPMA documents did not authorize the Board or the ACC to
impose fines. But the court did find that Diehl "violated the
laws of Hartstene Pointe when he cut the 26" cedar tree. . . ."
The trial court concluded that "{b}ecause defendant violated the
laws of Hartstene Point, he is subject to the penalties contained
within those laws." The trial court ruled in favor of Diehl on
several other issues, not the subject of this appeal, and thus
ruled that neither party was entitled to attorney's fees.

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Reversed in part and remanded by the Court of Appeals of Washington, Division 2. See: 979 P.2d 854 (Wash.App. Div. 2 1999). Note: The date shown above is the date of the appellate court decision and not the trial date.