Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
The general priority is that a city code would prevail. Possibly there could be some leeway where code allows for some deviation. Meaning, if the code is silent on the issues or the language allows for an association to develop its own rules. Plus generally there are the state statutes. Is there something in particular that you are asking?
Hello again: So, there are two issues here: whether the association can limit the type of retail space; and if so, whether it is even following it's own rules. Correct?
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Hello again: If you move forward with the lease without approval, you may be risky an objection by the HOA even though the HOA's interpretation may not be correct. Also, you would want to be concerned because if you enter into a lease and there ends up being an issue with the lease and the leasee is forced to move, then you run the risk of being sued by the leasee. You are in a difficult situation. If you had the time and money, the legal procedure in court is called a declaratory judgment. This means that you would request the court to interpret the declaration and rules in your favor prior to entering into the lease. The other options is to attempt to get an internal vote on it. I know the answer is not quite what you wanted to hear but at least you know what can happen and some options. We can continue to discuss if you would like to do so.
Hello: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.