[WSBARP] Question for Condominium experts

[Scott Hildebrand]

Danielle

When I was with the Master Builders Association, I was one of the point people on this legislation.

 

Here is what I recall:  

When 64.55 was adopted, virtually every condo was in litigation and this was an attempt to solve issues before going to court.  There was a concern that builders would build as apartments, then convert to condos.  The inspection element for rental housing is not nearly as rigorous as those for m/f ownership.  I presume you are talking about .010(10)?  

 

So far as a condo declaration, there is a distinction between ownership in condominium and ownership in fee simple.  I presume that a sale in fee simple doesn’t require a condo declaration since they are not condos.  I am quite sure that you can sell a m/f ownership product without having to make it a condo unless the jurisdiction (many do) requires all m/f units to be sold in condo and do not allow fee simple ownership.

 

Hope that helps.

 

Scott Hildebrand

Attorney at Law

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Friday, July 31, 2015 6:01 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Question for Condominium experts

 

Good Afternoon,

Question for all you Condo gurus.

What is the rationale for Condominium Sale Prohibition Covenants (RCW 64.55)?  Does it prohibit a developer from individually conveying units without declaring a condominium?  Client's plan is only for 5 townhouse-type units, so client wants to know if a condominium declaration is necessary, or can a similar result be achieved through easements and covenants running with the land?

Thanks and Happy Friday!




Best Regards,


DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC 
234 SW 43rd St, Suite MA | Renton, WA 98057

t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com| www.dimensionlaw.com

 

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