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A declaration is necessary in order to sell units in a condominium project. The declaration is a land-use document filed in the local land-use hall of records. It also represents the 'constitution' for community governance, and to modify it usually requires a majority -- sometimes an uber majority of owners' votes in favour of any amendment.

A condominium association without a declaration is lawless, by definition.

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Q: When all properties are sold in a condo complex is a declaration necessary?
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Can you sell a condo unit in NYS without condo declaration being recorded?

No, in New York State, you cannot sell a condo unit without the condo declaration being recorded. The condo declaration is a legal document that establishes the rights and obligations of condo owners and is necessary for the sale of the unit to occur. Recording the declaration protects the rights and interests of all parties involved in the condo transaction.


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If lighting is required on condominium property, the association is responsible for lighting. The city is responsible for lighting streets -- i.e., street lighting, not for lighting properties.


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Yes, you can have a reverse mortgage on a condo. However, the condo must be approved by the Federal Housing Administration (FHA) for reverse mortgages. The condo complex must meet certain eligibility criteria set by the FHA.


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