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I have a question about conflict between the City Land Use

Customer Question
Code and Condominium Association law...
I have a question about conflict between the City Land Use Code and Condominium Association law in the City of Seattle. Which party prevails in this case? Thanks!
JA: Where is the property located?
Customer: 2200 West Lake in South Lake Union
JA: Has any paperwork been filed?
Customer: I am talking about the CCRS of the Association and the City of Seattle Land use code. I believe both were filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is the main concern now.
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 7 minutes by:
10/28/2016
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago
Damien Bosco
Damien Bosco, Attorney
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Satisfied Customers: 3,159
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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.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

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?

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Customer reply replied 1 year ago
The question is about Live/Work unit, where you can live upstairs and ran a retail store downstairs per City code, but the condominium association board members are trying to limit the allowable uses of the work space to some retail by appointment only, which is wrong, as the CCRS even stated clearly that retail is one of allowed uses at the work space of the Live/Work unit.
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

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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Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. 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.

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Customer reply replied 1 year ago
There is also a clear statement in condo declaration that retail is allowable in order he work space of live/work unit. However the HOA members are trying to make their own interpretation of Retail definition. I would like to move forward with a lease, what may happen if the condo HOA is still opposed to the lease ?
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

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.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

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.

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