Other Document Village At Redondo

Transcription

1 Other Document Village At Redondo

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3 Condominium Law Group, PLLC Aurora Ave. N., Seattle, WA Phone Fax Via US Mail November 14, 2013 To: From: Re: Village at Redondo Owners Association Ken Harer and Nathan Barnes, Condominium Law Group, PLLC Vote to authorize Board action to protect Association property Dear Owner We represent the Village at Redondo Owners Association and your Board of Directors has asked us to share with you the reasons why it is important for the community to approve attached ballot regarding legal action against the condominium developer. As you may know, in June of this year the developer (also known as the Declarant ), filed paperwork with King County claiming that he owned the Manager s Apartment above the cabana and could sell it to any buyer. According to the Village at Redondo Declaration the legally binding document that governs the community the Manager s Apartment is a Common Element owned collectively by all of the Owners of the Association. His action took the apartment away from you, which he could not legally do. After discovering that the developer had filed this paperwork, the Board of Directors contacted the developer, pointed out the error to him, and asked that the paperwork be withdrawn. The developer refused. As a result, it is now not clear who owns the Manager s Unit. Not only that, but if the developer really does own the Unit, he should have been paying assessments to the Association for the Unit just like every other Owner for the past seven years. The developer has never paid any rent or assessments to the Association. In order to address this problem, the Board needs to take legal action. However, the developer put into the condominium documents a provision to prevent the Association suing him (or anyone else) without approval of the owners. The Board cannot take legal action without the approval of 67% the Owners. For this reason you will find a ballot attached to this letter. That ballot asks you to vote to authorize the Board to take the legal steps necessary to clarify who owns the Manager s Unit and, if necessary, compensate the Association for the purchase or use of the Manager s Unit. This is an important decision that involves property that you currently own, but which he now claims. In order to protect your property interest, the Board urges you to vote yes. If you have questions, please contact the Association s manager for more information. Thank you for your time, Ken Harer Nathan Barnes Condominium Law Group, PLLC

4 VILLIAGE AT REDONDO OWNERS ASSOCIATION BALLOT TO AUTHORIZE THE ASSOCIATION TO PROCEED WITH LITIGATION On June 28, 2013, the Declarant without authorization amended the Village at Redondo Declaration. The Declarant converted the Manager s Apartment above the cabana office into a Unit, known as Unit PH-1. This Unit is owned in common by all existing Owners, and the amendment purports to convert it from common ownership to ownership by the Declarant alone. The Board of Directors has requested that Declarant withdraw the amendment and the Declarant has refused. At no time has the Declarant paid any rent to the Association for his use of the apartment or provided any other compensation to the Owners for the Unit he now claims as his own. The Board of Directors is proposing that legal action be taken to restore the Unit to the Association. This is known as a quiet title action, and may involve the Association pressing additional claims against the Declarant or its affiliates. Pursuant to Section of the Declaration, any litigation undertaken by the Association must be authorized by sixtyseven (67%) of the votes in the Association. The Board urges you to vote yes. The undersigned Owner casts his/her vote as follows: The Board is authorized to pursue litigation to quiet title to Unit PH-1 and any other claims against the Declarant or its affiliates: YES NO Please submit only one ballot per Unit. Name: Unit #: Signature: Date: Please complete and sign this ballot, and return it by, 2013 through any of the means below: Mail: Village at Redondo Owners Association c/o: SUHRCO Residential Properties Attn: Marcel Scheel th Avenue NE, Suite #100 Bellevue, WA 98007

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6 Dear Owner: Effective January 1, 2013 Washington State law requires all new construction to have carbon monoxide detectors in all residences, including apartments, condos, hotels, dormitories and residential institutions. Additionally per state law, effective January 1, 2013, unit owners that are renting or leasing their unit(s) are required by law to have installed operational, carbon monoxide detectors in all existing or new construction rental units. If a unit owner is selling a condominium unit, they are required to install an operation carbon monoxide detector prior to selling. If you are the buyer of an existing condominium unit, please verify with the unit owner/seller that they have complied with R315.1 The key aspects of the law are: R315.1 Carbon Monoxide Alarms: to be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units and on each level of the dwelling and in accordance with the manufacturer's recommendation. SUHRCO Residential Properties, LLC strives to keep you informed of important new laws or requirements that may impact your home. Thanks in advance for your attention to this important matter. If you need any additional information, please do not hesitate to contact us. Kind Regards, SUHRCO Residential Properties, LLC th AVE. NE., Suite 100 Bellevue, WA THE ASSOCIATION AND MANAGING AGENT HAVE NOT INSPECTED THE UNIT IN QUESTION AND HAVE NOT VERIFIED WHETHER AN OPERATIONAL CARBON MONOXIDE DETECTOR HAS BEEN INSTALLED AS OUTLINED IN R IF YOU ARE IN THE PROCESS OF PURCHASING A CONDOMINIUM UNIT, PLEASE VERIFY WITH THE SELLER WHETHER THEY HAVE COMPLIED WITH THE LAW. THE ASSOCIATION AND MANAGING AGENT EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, OR CAUSES OF ACTION INCURRED BY ANY BUYER OR SELLER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL ARISING OUT OF OR RELATING TO RELIANCE ON THIS DOCUMENT. BUYER IS INSTRUCTED TO SEEK INDEPENDENT LEGAL, FINANCIAL AND/OR OTHER PROFESSIONAL COUNSEL WITH ANY QUESTIONS OR CONCERNS, AT BUYER S EXPENSE.. A Comprehensive Real Estate Company th Avenue N. E., Suite 100 Bellevue, Washington Telephone: (425) Fax: (425)

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