answersLogoWhite

0

Condominiums

Condominiums are buildings made up of individually owned apartments or houses. They generally contain shared spaces like a lobby or roof, which are controlled by an association of owners.

336 Questions

How do you get condominium certificate of insurance?

You should be able to obtain a copy of the association's certificate of insurance from a board member or the property manager.

The certificate is issued by the company that carries the association's master insurance policy. The copy you want may be a document that your lender requires.

General liability class code for a condominium?

Your broker or attorney can help you answer this question. The class code may depend on the type of condominium.

Can you deduct interest paid to your parents for a downpayment for a condominium?

Yes IF the loan is really a legal mortgage loan that meets the IRS rules for it to be a mortgage loan.

This is possible when you and they meet the enclosed rules.

Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home or a second home). The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan.

You can deduct home mortgage interest only if you meet all the following conditions.

You must file Form 1040 and itemize deductions on Schedule A (Form 1040).

*You must be legally liable for the loan. You cannot deduct payments you make for someone else if you are not legally liable to make them. Both you and the lender must intend that the loan be repaid. In addition, there must be a true debtor-creditor relationship between you and the lender.

*The mortgage must be a secured debt on a qualified home in which you have an ownership interest. (Generally, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. The term "qualified home" means your main home or second home. For details, see Publication 936.)

For more information go to the IRS gov web site and use the search box for publication 936

Can a security guard enter a suite in a condominium along with the owner of the suite which is rented out to a tenant in Ontario?

Generally, landlords can enter tenant-occupied residences given appropriate notice that may be defined in the lease.

If the owner chooses to include a security guard with that entry process, the tenant probably has no recourse, unless the security guard violates the tenant's rights.

Is it ok to have only 1 return air vent located in a downstairs bedroom of a 2 story condominium prob not so would it be ok to relocate it outside the bedroom in the entry hall AC thermostat is up?

Your question is two-fold: one to be answered by your board and another to be answered by an expert in HVAC matters.

As to your condominium: before you install any air vent, it will be a good idea to seek the professional guidance of an expert, who can document your plan, so that you can present it to the board for review and approval. Read your governing documents to determine what this proposal and approval process includes.

Lacking board approval, you could be fined, be forced to remove your vents, and redo the project according to an approved plan.

Condominium foreclosure by hoa in Florida?

It's unclear from your question who owns the property, who is foreclosing on the unit and the reason for the foreclosure.

If you own the property, and you owe money -- either to a lender, to a tax authority or to the association for over-due assessments -- foreclosure should not be a surprise.

Foreclosure is usually accomplished either by a lender, a tax authority including the IRS, a co-owner, or the association.

Before action for foreclosure begins, the owner has been notified, warned, advised and otherwise informed of options in lieu of foreclosure, but that foreclosure is a possibility.

If not before now, the foreclosure action has your attention. You can attempt to work out a different result with whomever has taken the foreclosure action, which may prevent you losing your residence.

A subcontracting landscaper damaged my car in the course of his work I am a renter in a condominium Who do I approach to cover my losses the subcontractor directly Property Management or Landlord?

These are the players: The Board, the Property Manager, the Vendor (landscape-subcontractor), the Unit Owner (landlord) and You.

The association's board would prefer to deal with the landlord. The vendor (subcontractor) has an agreement with the board via the management company.

Develop your case for damage -- descriptions, photos, and so forth, and present it to your landlord with a copy to the property manager.

Volunteer to work directly with the property manager to affect payment for damage repair once your landlord has presented your case to the board.

Is the driveway of a townhouse garage common property of a condominium?

Read your governing documents to determine who owns the driveway.

If you have exclusive use of it, it may be limited common area.

If others also use the same driveway, it may be common area.

However, it's also possible that you own it individually, but this is the least common option.

Answer

There are many variables and the following is one type of arrangement. Generally, if the townhouse style garage is for use of a single unit the single driveway use would be exclusive unless there are side-by-side garages with an extra wide driveway. In that case the driveway would be shared. In either case it is not likely the driveway would be considered part of the common areas of the condominium.

You should review your deed to determine if you have an exclusive right to the driveway. Any exclusive rights should be mentioned in the deed. If you still have questions you should call the attorney who represented you at your time of purchase. Parking rights are an important issue relating to the purchase of a condominium unit. You should have known your rights before you moved in. Your particular parking rights should be detailed in the title examination performed at the time of purchase.

If you are thinking of buying a unit you can contact the unit owner's association to inquire about parking for any particular unit or in general.

Who is responsible for buying new doors at a condominium?

Read your governing documents to determine ownership of the doors in question.

Doors inside a unit are usually the responsibility of the unit owner.

Entry doors to units are generally considered limited common property (areas), and are replaced by the association. This affords uniformity in the architectural guidelines which are also available in your governing documents.

When an entry door is damaged and must be replaced, the association replaces the door. If the door is limited common entry property, and the association decides that the unit owner should pay for the replacement, then the unit owner pays.

Garage doors that afford individual unit owners access to limited common areas called (attached) garages, are usually replaced by the association and charged to the unit owner, based on the unit owner's solo use of the garage door.

What is the legal difference between a hotel and a condominium resort?

Legally, a hotel is owned by a single owner and the property managed for the benefit of both the owner and guests.

Each condominium unit is owned individually, and its association manages the business of the condominium.

What is a highrise condominium?

A high rise condominium is a tall building with condominium units.

What is the zip code for Gomega condominium in Mandaluyong?

Zip codes are an American phenomenon: the Philippines use a different method for organizing their postal system.

The link, below, links to the Philippine Postal corporation, where you may be able to find more information about their postal organization.

What are the Samples of deed of sale of a condominium unit?

Any sample deed of sale will necessarily be edited, modified and amended, based on your governing documents.

Your local realtor can help you develop a deed of sale that will be legal for your purposes.

Answer

You should consult with an attorney who specializes in real estate law if you need to execute a deed. Deeds should always be drafted by a legal professional. If you only want to see what a condominium deed looks like you should visit your local land records office where you could look up recent transfers of condominium units in your area.

What is underground condominium?

If you separate the two words, this is what you'll discover:

  • condominium -- a form of real estate ownership under which individual owners share ownership with all other owners, of a portion of the real estate -- common areas/ limited common areas, based on each owner's allocated interest in ownership of the whole asset.
  • underground -- literally, real estate built underground.

Often an 'underground condominium' is a parking facility or a storage facility usually attached to an above-ground unit. However, the attachment to a living or business facility is not a requirement.

Laws for patios in brockton ma gas grills elctric grills heaters on balconies at a condominium complex 3 levels garden style?

You can find the answer you want in your governing documents.

Use of the limited common areas and common areas: balconies and garden decks is covered by your condominium Covenants, Conditions, Rules and Restrictions (CC&Rs), and may have been amended by the By-laws or new amendments or meeting minutes of decisions made by your board.


As well, the local fire department may have guidelines you'll want to follow.

Is a condominium considered cluster housing?

Cluster housing is apparently a design scheme for a group of houses. (See below.)

A condominium is usually a building with multiple units, sometimes multiple buildings with multiple units. (See below.)

Individual homes, even in a cluster layout, in a development where all owners share ownership of amenities, is usually belong in a home owners association (HOA).

Would a condominium unit owner who is delinquent in paying his or her maintenance fees have a right to vote?

Read your governing documents and identify the penalties the board can apply when you are delinquent in paying your assessments.



Some associations will deny you the right to vote, because by not paying your assessments, you are no longer a member of the association in good standing.

Can a police officer issue a ticket for parking in a no parking zone in an ungated private condominium complex in California?

You can find the answer in the governing documents of the condominium complex.

It is possible that the board has discussed and voted on a resolution that requires such action that includes a police officer issuing a ticket.


To a driver with a need to park, it should be clear that a no parking zone is not a place to park, regardless of where the no parking zone is located. A no parking zone is just that: not a place to park.

Are window frames common area in a Condominium?

The subject of windows often precipitates the most troubling conversations, raising questions asked about condominiums and exactly what the association owns as common area and what an individual owner owns.

The governing documents specify what real estate elements are owned and exactly who owns each.

However, very few governing documents specify ownership of window elements. Therefore, when a window is damaged or requires replacement, the condominium board and the owner involved look to the governing documents to determine who pays for the replacement.

Without a definition of window elements under the category of windows, it's a good idea for the board to take the time to work with counsel to define ownership of the window elements.

Window elements might include:

  • glass -- all panes, gas between panes
  • frame
  • sash
  • lock
  • shutter
  • screen
  • external architectural elements around windows
  • internal frames around windows
  • window sills

Once ownership of window elements -- and the elements might be different for different types of windows, including sliding glass doors, possibly -- is defined, then responsibility for replacing a 'window' can be established.

Note that every condominium association and its assets is different from every other condominium association and its assets.

Condominium common area laws?

All states have laws and regulations that govern condominiums and homewners associations. While they might be similar, they will differ from state-to-state. You will need to research your particular state's laws for a more complete answer.

In particular, every condominium association is governed by their own set of governing documents which defines specifically where the boundaries lie, separating what an individual owns from what is owned in common by all owners.

As long as they are in compliance with state law, there is no standard to which all these governing docs must adhere, however the above mentioned boundaries will always be set forth.

What is the advantage and disadvantage of Right of First Refusal clause in condominium Articles?

The advantage is that the board can choose to purchase the unit before it is made available for sale to any other entity.

There's really no dis-advantage, since the board can publish its non-intention to exercise this right, and the unit becomes available for sale to any other entity.

Can a Condominium post the names of the deadbeats?

They can but the question becomes: should they? The condo can open themselves to lawsuits for defamation of character. It doesn't seem like a practical solution to collect payment and may do more harm then good. Posting lists can be seen as a personal attack and might provoke people into action. I would advise against doing it and only post legal documents such as eviction notices,etc.

Can a condominium post the names and amount of past due assessments on the bulletin board?

You can read your governing documents to find the answer you want.

Condominium assessments that owners pay are spent to cover communal costs, such as sewer and water, garbage and recycle collection, master insurance policy premiums, landscaping vendors, property management fees and so forth.


Owners who do not pay their assessments or do not pay them on time are failing to live up to their agreement, which they signed when they purchased the condominium unit. When their neighbors pay on time and in full, non-paying or late-paying owners can be said to be 'living on the backs of their neighbors'.


Look in your governing documents for the rights of the board to pursue unpaid or tardy assessments. These rights might include filing a fine, a formal lien -- assessments may be an automatic lien -- in a court, or foreclosing the unit to satisfy the unpaid debt.


In US, there may be privacy laws that could prevent an owner's name from appearing on the bulletin board of tardy assessment payers, but it is possible that the unit number could be displayed. The unit number may be published by the treasurer in the financial reports distributed to all owners.


In some countries, Japan for example, tardy assessment payers' names and unit numbers are posted on the bulletin boards, and the prevailing Japanese culture of shame motivates owners to pay their assessments.