Combine How and Why to Condominium Units — By Michelle Ein, Esq. — A
fter a year-plus of pandemic-induced home confinement, knocking down a wall between condominium units for extra room
can be both therapeutic and wise – if you own both units, of course. Here’s how and why to consider unit combination.
Old Act (Pre-July 1, 1990 Condos):
RCW 64.32 gives associations broad power regarding unit combinations. All Old Act declarations must explain what owners and boards must do to physically combine condo units and may (but need not) explain how those units become one legal parcel.
Sometimes, architect’s or engineer’s plans and specifications are required with the owner’s proposal.
28 Community Associations Journal | June 2021 How to Combine Old Act Units:
Old Act covenants on combination can be pretty sparse, and they vary widely. Hopefully, your covenants address the following: ` Owner’s Proposal: The covenants may require no more of the owner than a simple written request to the board. Sometimes, architect’s or engineer’s plans and specifications are required. And in some cases, the owner must include draft amendments to the declaration and/or survey map and plans.
` Board Approval: Should go without saying (and some declarations do!).
` Member Approval: Provisions vary widely here. 60% member approval is required when the owner must submit amendments, and sometimes irrespective of the amendment. Specific consent from the combining units’ mortgagees may be needed. Unanimous consent may be required in some cases, such as when the combination affects the building’s structural integrity.
Omissions and opacity regarding stakeholders’ covenanted rights and duties should be addressed by counsel. Having the owner confirm in writing their goal of a legal or physical- only combination helps memorialize intent and protect against lawsuits.
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