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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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It is come to my attention that the erstwhile President of

Customer Question

It is come to my attention that the erstwhile President of the Board of Directors of of our COA, ( assumption of said title was designated without notifying me of same and ,hence , not given an the opportunity to vote, as per the COA bylaws or even comment on the election) has purchased the third of the four units - also without notification. I have a bona fide Offer To Purchase my unit, but am obligated by our association bylaws to notify the Board of Directors and give them 30 days to approve the sale or furnish a purchaser 'approved by the Association' - which now is comprised of the two of us. Since there is no longer a Board of Directors, do I have to comply? If she fails to complete the requested Resale Certificate required by Washington state RCW's within the 10 days allowed, can I complete the sale?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.Sorry...I may be missing something. You indicate there is no board of directors...what does that mean? That is, to exist the COA MUST have a board of director...is your association taking steps to rectify this?
Customer: replied 11 months ago.
I am the owner of one unit in a condo four-plex. The titular President of the COA ( as elected by all members of the association 6 1/2 years ago ) owned two of the units. She has refused to call another general meeting of the association members since that time despite repeated requests that she do so. Last year, she and another new condo owner ( who purchased the unit in contravention of association bylaws requiring approval of the Board of Directors , of whom I had been elected as Treasurer),re-elected her as President and the other owner as Secretary and Treasurer with neither my knowledge or consent. She has subsequently bought out the other owner and now has re-registered the condo association in HER name only . No Board of Directors listed. She has failed to respond to any of my communications for more than a year. THAT'S what I mean by no Board of Directors... I am aware that this is in flagrant disregard of both the association bylaws and Washington State RCWs. Rather than embroil myself in a tedious and expensive lawsuit, I have agreed to sell the unit to it's current renter at a discounted price. He's aware of the situation, has the financing, and is willing to deal with it. I just want out. Hence my questions. Hope you can help!
Expert:  P. Simmons replied 11 months ago.
Thank you...so what is your question...are you asking if you can bypass the requirement for board approval?
Customer: replied 11 months ago.
I can always send her the only other tenant the Notice of Intent but what I REALLY need to know is if she fails to complete the requested Resale Certificate required by Washington state RCW's within the 10 days allowed, can I complete the sale without first obtaining the other owner's approval??
Expert:  P. Simmons replied 11 months ago.
Thank you...that makes sense. I do not know the answer...but will opt out in the event perhaps another expert will.
Customer: replied 11 months ago.
Thank you for your time. It's pretty complicated...

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