[WSBARP] Condo question

Mon Jun 19 08:50:28 PDT 2017

Thank you very much

Jay A. Goldstein
[Logo Color 946x243 pixels]
1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
please call the Sender at 360-352-1970.
No trees were killed in sending this message
(however, a large number of electrons were terribly inconvenienced).

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Pete Middlebrooks
Sent: Sunday, June 18, 2017 11:44 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Condo question

TO ALL,

  1.  I have been getting multiple requests for my "Airspace Condominium" seminar manual.
  2.  I have attached a PDF copy of the manual. It is a very large PDF file.
  3.  A few words of caution.
  4.  The manual does not purport to be a detailed manual on how to create a condominium. The manual focuses on the concept.
  5.  Condominium documentation is not "cookie-cutter/boiler-plate" - you have to tailor the many project documents to satisfy the goals of the specific client and the specific project.
  6.  The Washington Condominium Act does not generally override local zoning and building codes (as applied to a specific site). So, before you launch off creating an airspace condominium, be sure the developer will be able to construct the desired improvements on a single site.
  7.  The "Airspace Condominium" is reasonably well understood in urbanized counties (e.g., King and Snohomish) and many urbanized cities (e.g., Seattle, Kirkland, Everett, etc.).
  8.  But, when you are dealing with a small county or small city (where condominiums are not frequently created), you can encountered resistance - assertions that you are creating an illegal subdivision.
  9.  I have never lost a local government battle, but it may require teaching "Condo 101".
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<http://www.Middlebrooksrealestatelaw.com>

[cid:image004.jpg at 01D2E8D8.D6445C70][cid:image005.jpg at 01D2E8D8.D6445C70] [cid:image006.jpg at 01D2E8D8.D6445C70]
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Saturday, June 17, 2017 1:30 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo question

Pete I'd like that thanks

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Pete Middlebrooks
Sent: Saturday, June 17, 2017 1:01 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Condo question

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 -

  1.  1 Unit will contain the commercial building and related land and improvements.
  2.  1 Unit will contain the other building and related land and improvements.
  3.  Each Unit will be 100% responsible for maintenance, repair, replacement, and insurance for the building and improvements within the Unit.
  4.  The HOA will have little or no regulation of the Units, other than the right to insist on compliance with law.
  5.  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.

  1.  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<http://www.Middlebrooksrealestatelaw.com>

[cid:image004.jpg at 01D2E8D8.D6445C70][cid:image005.jpg at 01D2E8D8.D6445C70] [cid:image006.jpg at 01D2E8D8.D6445C70]
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.

From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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

[cid:image001.jpg at 01D1AB8F.1C8227E0]

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/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

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
Real Property Foreclosures and Forfeitures

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 6396 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2694 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 2914 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 4555 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 4133 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 2693 bytes
Desc: image007.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image007.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 4039 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170619/d4091cb7/image008.jpg>