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Can a condo unit be sold before a declaration of condominium is filed?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Wiki User
∙ 7y agoNo. A unit is not legally created until the Master Deed or Declaration of Condominium is recorded in the land records establishing the condominium. Therefore a unit deed would be null if recorded before the condominium is created under law.
For example, Unit #10 of the Shadowbrook Condominium would not exist until the Shadowbrook Condominium Master Deed is recorded.
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When all properties are sold in a condo complex is a declaration necessary?
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.
What is the procedure for a condominium association to file a lien a condo for montly dues on a condo that the bank is foreclosing on?
Overall, every state handles these matters differently from every other state. You need a condominium-savvy attorney to help you recover this debt at this late date. Effectively, a lien must be filed with the local court.
Where can you get a recorded condominium declaration?
Your local hall of land-use records is where condominium declarations are filed and thus recorded: you can get a copy there. If you are interested in purchasing a unit in a condominium association, the real estate agent will be able to obtain a copy of the declaration, and copies of all other governing documents, from the association. You can expect to pay for all copies you request.
Can a property be owned as a condominium if a condo plan has not been filed?
Your answer is a legal one, and best answered by an association-savvy, or at least land-use savvy attorney. By 'condo plan', you may be referencing a Public Offering Statement, or other document defining land use. Generally, a mortage lender will require proof of the land-use plan's legal existence -- filing -- before lending money to purchase a condominium unit within the project. You may not be able to hold 'clear title' to a unit if there is no land-use plan filed in the local hall of land-use records.
Can a condominium put a lien in your condo?
Yes, a condominium can put a lien on your condo. The condominium depends on your payments to keep up the common areas. As a result, it has the right to collect its fees plus interest when you sell it if you do not pay your assessments and a lien is filed. As well, the association may be able to sell your unit in order to collect these unpaid assessments. Read your governing documents to remind yourself of your agreement to pay assessments and of your association's responsibility to pursue you until the assessments are paid. When you do not pay your assessments, you're essentially asking your neighbors to pay your bills.
What is condo unit?
A condominium unit is the space available for ownership as defined by the land-use documents for the condominium association filed in the local court house. The unit may be defined as land, moorage, a townhouse, a suite, an apartment, a single family dwelling, part of a duplex or other enclosed area for which an owner holds a deed.
What is the declaration of restriction of condominium?
A declaration -- dec -- for a condominium association, properly the Conditions, Covenants, Reservations and Restrictions -- CC&Rs -- is a land-use document generated by the developer of the association's real estate assets. Initially, it may be part of a Public Offering Statement that initial buyers receive. Over time, it may be amended, which amendments must be filed in the local county land-use office before becoming effective. It is one of several 'governing documents' that set forth the agreements unintentional partners make with each other when buying a condominium unit.
Can a lien be filed for nonpayment of assesments from a condo association?
Yes.
In California How often does the CCR's have to be updated your condo is using one writeen in 1982 there have been several updates since then though?
the ccr's do not have to be regularly updated...they are covenants imposed upon the property when the declaration of condominium is filed and the condo is effectively created...the board of managers may from time to time update or modify the ccr's as they see fit to amend certain items, such as parking space units available, percentage of interest in the common element, adding or deleting certain authorized uses and other such things, but the amendments are done solely at the pleasure of the board of managers
Obtaining a condo declaration?
Every owner is entitled to a copy of the governing documents, sometimes referred to as the declaration, or decs. Components can include CC&Rs, covenants, conditions and restrictions and any amendments thereto; By-Laws, and Board Resolutions. These documents form the foundation for the private democracy into which you buy when you purchase a condominium. As a buyer, you could receive a copy from your real estate agent or from the developer if the project is a new project, so you can review them prior to your purchase, or as part of the escrow package you sign for when you close the sale. If you've lost or misplaced your copy, you can request a copy from your managing agent. Finally, you can obtain a copy at the local courthouse, department of records where condominium declarations are filed and are available as public record. If you are a developer and need a set of governing documents, you can hire an attorney to create a set specifically for you and your project. These will be based on your state condominium law.
How do you become a write in candidate for public office?
To become a write in candidate for public office a Declaration-of-Write-in-Candidacy must be filed. The declaration must be filed with the Secretary of State of a judge that is local.
What is a declaration in support of arrest warrant filed?
A declaration in support and arrest warrant is filed when a non custodial parent refuses to pay child support. Occasionally a warrant could be filled for alimony.
