[WSBARP] Condo question

Sat Jun 17 13:01:28 PDT 2017

Bryce,

1.     I believe most condo lawyers assert that you have to have at least two Units.

2.     But, in your project, create a 2-Unit airspace condominium -

a.     1 Unit will contain the commercial building and related land and improvements.

b.     1 Unit will contain the other building and related land and improvements.

c.      Each Unit will be 100% responsible for maintenance, repair, replacement, and insurance for the building and improvements within the Unit.

d.     The HOA will have little or no regulation of the Units, other than the right to insist on compliance with law.

e.     What are the Common Elements?

1)     Anything that is an interest in real property (even just an easement) can be a Common Element.

2)     In downtown Seattle, I had two free-standing buildings (an office building and an apartment building) that were about 6' apart.

*       There was nothing the two buildings used in common.

*       So, we created a 1' square of "Common Element" land in the office building parking lot, and then allocated that land as a Limited Common Element for the exclusive use and responsibility of the office building.

3.     If you want, I can send to you a copy of a seminar manual I prepared some years ago for WSBA/RPPT -
"AIRSPACE CONDOMINIUMS - (Hot Air or a Creative Alternative to Antiquated Subdivisions) or (Think Outside the Box)"
Pete

[PICT0001 (2)]

Law Office of James C. Middlebrooks
Pete Middlebrooks (Attorney)
3050 Belmonte Lane, Everett, WA 98201
Email: Pete at jcmiddlebrooks.com<mailto:Pete at jcmiddlebrooks.com>
Pete Tel.: 425-252-2693
www.Middlebrooksrealestatelaw.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, June 17, 2017 11:49 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Condo question

Does our condo act permit one unit condos? Thank you for response I have a client that has a commercial building that has several floors and another standalone building which is adjacent and he want to create a separate condominium for each floor of the multi floor building and an airspace single unit condo for the stand alone building. Your input would be appreciated

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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>

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Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
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