My name is Bob Andrew, and I bought two adjacent lots in March 2006: among the final lots to be sold. My wife and I bought them presuming by joining these two "180-day" lots we would have a "year-round" lot, but I subsequently discovered all we gained is ability to set a house side-ways!

This web-page explores the zoning and planning history over why some lots are 180-days, the arbitrary nature by which the "year-round" lots were determined, and makes a case for lifting the limitation on 180 days. Such a "case" just needs the consent of the owner's association. See Article 9.1.4 of the original declaration "Period of Occupancy: Occupancy for no more than one hundred eighty days during any one year period or such longer period as may be allowed by Whatcom County".  Both our realtor and I have checked with Whatcom County - they have no objection to year-round, and it is in keeping with the 2003 UGA approval for Birch Bay

An obvious concern, for those who already paid more for a 'year-round" lot, is what advantage would this be for them: follow this link to my 10 reasons for all lots becoming year-round! Also check out the link to State and County regulations applicable to "Latitude 49 Resort Park".

In my thinking, for this to succeed, the right to upgrade to year-round should be available only to those committing to build a larger Manufactured Home, not those wanting to buy 400 sq. ft. Park Models or just to park RV's.

In addition, those who apply for such an occupancy change to their lot "title" would contribute a one-time fee of a few thousand dollars (credit this idea to conversations with Board Secretary Don Schleuse). This money would be applied SOLELY to the Reserve Account. As was reported at the October 2006 annual budget meeting, the Association is now facing major costs such as roof and log repair: it is a case of when, not if, such repairs will be required. Future reserve needs will include the pool, spa, courts etc.

ARBITRARY OCCUPANCY IMPLEMENTATION
The idea for having some lots be part-year, and rest year-round, was proposed by the Osbergs in 1991, not by the County (verified by discussion with two county staff members). The developer's vision was of a seasonal resort, but in fact, after a decade of that failed business model, the Osbergs sold out to Paul Williams who started to sell year-round lots. In so doing, it is the opinion of several who were closely involved in these laters sales, potential buyers would say "we want that lot, and want it to be a year-round lot"

The result was the "quota" of year-round lots was used up, and all remaining lots became "180-day" lots. (It doesn't appear the Association itself has ever published records of which lots have "park models" or RVs vs. those that have "manufactured homes", nor records of which lots have 180-days on their title. However the title information is a matter of public record on file at Whatcom County, and with Stewart Title who handled all land sales for the developers.)

For those who wish to check the veracity of the claim that seasonal "residence" occupancy was meant to be tied to mobile homes. park models, motor homes or travel trailers, see original "Declaration" of 7/1/92 Section 9.1.1 "Residence" on page 26. This section was amended on 7/1/93 by the Declarant with vote of 67% of the owners to limit to 170 the number of units "for the parking of a mobile home".

(The record also contains a 4/2/1991 document that precedes the approved Recitals in the Declaration, including Recital item 14 "The total of all the Lots and Additional Lots shall not exceed 318 and no more than 170 of all such lots may be occupied for more than 180 days per years". The right of Whatcom County to set a longer period was missing from these proposed Recitals, but there also a statement in the same proposed recitals about invalidity of any portion under applicable law).

Also amended on 7/1/93, again on 8/2/94, and again on 7/7/99 was the definition in Section 1.6.33 of a "Recreational Vehicle". The first amendment, voted upon by 67% of the owners, set the upper limit at maximum 44 ft long, 24 feet wide and 890 sq. feet in length. This is four feet longer than the original, and TWICE the width. The second amendment of Section 1.6.33 simply required that it be commercially manufactured, and still a maximum of 890 sq. ft (i.e. eliminated the length and width constraints). The third amendment allowed - just for Phase 3 parcels 152 through 233 (the last of four phases to be built)-  allowed floor area to go up to 1,188 square feet, and maximum of two bedrooms.

Over a 7-year period, allowable floor area went up almost 300% from 400 sq. ft. park models.

Note the design and the exterior materials of the home still requires Board approval, like Lot Improvements. (The second Declaration amendment also brought lot side-yard setbacks at 5 ft, in conformance with County code).

The 180-day limit on "Period of Occupancy" is in Section 9.1.4 on page 27, and was never amended. Note per the approved Binding Site plan, the 180-day period can be set longer by Whatcom County.

Finally, on 6/1/2001 the two Osbergs then turned over the Management of the Condominium to the Owner's Association,  as is required by state law for Condominiums whenever reaching a proscribed percent sold. On 12/11/2002 the Osbergs transferred their Declarant rights to Latitude 49 Development Group, LLC.

SITE PHASED DEVELOPMENT HISTORY
Each lot is on a paved and curbed internal road and has underground water, sewer, electrical, and phone connection to each lot. The park was cleverly laid out with lots of basically two sizes: although all lots can hold a mobile RV, for permanent housing small-size lots only accommodate park models (They are narrow, tall, on wheels, built by RPTIA firms to ANSI A119.5, designed to connect to a sanitary sewer).

I can personally verify that it is  difficult to get financing for the small lots, because they are only big enough for Park Models that could readily be moved again - the bank's asset is not on a permanent foundation like a Manufactured Home!

Web-page www.BobAndrew.info/latitude49/occupancy.htm