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Does the Master Deed take precident over the Master Plan and Unit Deed?
Wiki User
∙ 9y ago
Wording in condominium lease contract says the master deed takes precedent over all underlining documents. The master plan and unit deed are based off this document.
Wiki User
∙ 9y ago
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What is a master deed?
A Master Deed is the instrument that is used by a condominium developer (sponsor) to convert a single property to a scheme of individually owned units in multi-unit buildings that share an ownership in common areas. All unit owners and sponsors must follow the provisions, rules and regulations set forth in the Master Deed. The Master Deed is subject to statutory provisions and reflects the condominium laws in each state.
Must the Declarant follow the Master Deed?
Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.
Can a master deed be converted to a warranty deed?
No. Those are two completely different legal instruments. A Master Deed is the instrument that is used by a condominium developer (sponsor) to convert a single property to a scheme of individually owned units in multi-unit buildings that share an ownership in common areas. All unit owners and sponsors must follow the provisions, rules and regulations set forth in the Master Deed. The Master Deed is subject to statutory provisions and reflects the condominium laws in each state. A warranty deed is the instrument used to transfer ownership of land when the owner guarantees that the title to the land is from from any defects or outstanding interests.
Can a unit owner add a window to their unit-not a replacement but totally new?
That depends on the rules and regulations of the condominium. You need to check the Master Deed and the Condominium Trust.
Will adding 4 ft extension to existing condo patio require master deed to be changed?
You would need to review the Master Deed, plans, deed description, rules and regulations, etc. You should start by checking with the HOA. You may need to review the situation with the attorney who represented you when you purchases your unit.
Can a condominium board deny your right to sell your condo and buy it themselves?
Yes. It is common for a Master Deed or Trust of a condominium to reserve the right of first refusal when any owner decides to sell their unit. That means the board must be given first priority to purchase the unit. Read through your copy of the Master Deed and Trust looking for any "right of first refusal language".
Can a condo unit be sold before a declaration of condominium is filed?
Personally, I would not buy a condominium unless my review of the complete declaration was finished. Otherwise, you (and I) have zero idea about the community you're (I'm) buying into. Whether or not it can be sold may be a local legal issue. See your state condominium statute.
Do boundary lines on condo divided land have any legal significance regarding liability?
Yes. The legal boundaries of your particular unit are set forth in the Master Deed that established the condominium. You are liable for any damage or injury that takes place within the boundaries of your unit or that emanates from your unit such as a burst pipe in your bathroom that damages the ceiling of the unit beneath yours.The condominium association must maintain insurance for the common areas and that is paid through common expense assessments imposed on all unit owners.Yes. The legal boundaries of your particular unit are set forth in the Master Deed that established the condominium. You are liable for any damage or injury that takes place within the boundaries of your unit or that emanates from your unit such as a burst pipe in your bathroom that damages the ceiling of the unit beneath yours.The condominium association must maintain insurance for the common areas and that is paid through common expense assessments imposed on all unit owners.Yes. The legal boundaries of your particular unit are set forth in the Master Deed that established the condominium. You are liable for any damage or injury that takes place within the boundaries of your unit or that emanates from your unit such as a burst pipe in your bathroom that damages the ceiling of the unit beneath yours.The condominium association must maintain insurance for the common areas and that is paid through common expense assessments imposed on all unit owners.Yes. The legal boundaries of your particular unit are set forth in the Master Deed that established the condominium. You are liable for any damage or injury that takes place within the boundaries of your unit or that emanates from your unit such as a burst pipe in your bathroom that damages the ceiling of the unit beneath yours.The condominium association must maintain insurance for the common areas and that is paid through common expense assessments imposed on all unit owners.
Can a homeowner acquire exclusive rights to common area that was represented as private to the unit at purchase until 6 years later after notice from the HOA under the principle of estoppel?
No. If the area was designated as a common area in the Master Deed, the sponsor was estopped (barred by operation of law) from conveying it to a private owner as appurtenant to a single unit. The inadvertent conveyance of the common area may well be be null and void. Remember that the common areas were set forth in detail in the Master Deed and therefore any prospective buyer has notice of exactly what areas comprise the common areas. The sponsor cannot sell any part of the common areas to a unit owner. Remember that every purchaser of any unit that was purchased prior to this unit in question acquired a fee interest in the common areas as set forth in the Master Deed. That type of error should have been picked up by the attorney who examined the title, certified it, and accepted the deed on behalf of the buyer. The unit owner may have a valid claim against that attorney. If there is a title policy, the title insurance company may reimburse the unit owner for any damages. If the area in question figured into the cost of the unit at the time of purchase, the unit owner may be able to sue for money damages since they did not get what they paid for as long as there is no statute of limitations that has passed. The issue should be discussed with the attorney who represented you when you purchased your unit.
How much do you own in your condo?
Condominium ownership is governed according to provisions of laws that govern ownership of real property and state condominium law.Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. The limits of each unit are set forth in the Master Deed as well as any other additional property where use is exclusive to the unit such as parking, balcony, patio, storage, etc. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property, amenities and common areas of the condominium such as pools, recreation areas, game rooms, community rooms, elevators, stairwells, corridors, streets, surrounding land, laundry rooms, and unassigned parking areas.By the acceptance of their unit deed each unit owner agrees to have their unit subject to the provisions in the Master Deed. Although a condominium is governed by statutory law which allows promulgation of rules and regulations and assessing of monthly maintenance fees and special assessments, the ownership of a condominium unit is considered a fee simple estate.
What is the definition of unit plan?
It means that a teacher has her/he unit for their students to teach : )
What is the difference between scheme of work and unit plan?
There is no difference between a unit plan and a scheme of wok. thank u. By highkult
