For example, if the shutters in your community are considered a limited or exclusive common element used by your unit only, you might be responsible for their general upkeep; but if they blow off in a windstorm, the association might be responsible to replace them. Anything that you don't own outright is probably not going to be yours to use or change without specific rights having been granted to you under the association documents.
So, it's important to know what is and is not included a part of the unit. For example, if you purchase a unit and decide at some point you want to do a remodel that requires moving an interior wall, and if the wall turns out to be a common element, you might have just kissed your remodel plans goodbye.
If you are not the owner of the wall, you have no right to alter it without the approval of the association. Knowing what you own, and what you are responsible for, can also help you know where to turn if something goes wrong. If, for example, a huge windstorm knocks off half your deck railings, or a flood ruins your walls, you'll need to know who owns the railings or walls to determine whether it's a problem that your own homeowner's insurance should cover, or whether the association's insurance is responsible for coverage.
In some cases, unfortunately, the unit owner's insurance won't cover it, but the condo association hasn't bought sufficient insurance, leaving homeowners in the lurch. If you are trying to figure out what exactly you are buying when you buy a condominium unit, or what you already own, a real estate attorney in your area can help. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Knowing what's yours as a condo owner, and thus what's your responsibility to repair or replace, might be less obvious than you'd imagine. What You'll Learn From the Condominium Map or Plan The condominium map for the project will depict the exact physical location of the unit: where in the condominium building the unit is located, and where the boundaries of the unit are drawn.
Roof and exterior walls : These are most often defined as common elements, but the unit might include the interior surface or drywall. Floors or ceilings: Similar to walls, the unit might include just the surface, halfway through, or the whole floor or ceiling. Windows and doors: For example the frames, glass and the hardware might or might not be a part of the unit. Permanent fixtures: Cabinets, flooring, sinks, and the like are typically considered part of the unit, but certain fixtures such as an outdoor porch light might not be included.
Plumbing, electric, air conditioning systems: The portions serving only the unit might be a part of the unit, but the portions also serving other units might be considered common elements. Decks, balconies, and patios: These might be part of the unit, common elements, or limited common elements. Difference Between General, Limited, and Exclusive Common Elements Anything that is not part of a condominium unit is ordinarily considered a common element.
A condominium, or condo, is a sellable property that is similar to an apartment. Homebuyers may opt for a condo over a single-family home for several reasons. A condominium can provide a less-expensive way to enter the housing market. Or, a condo can be a low-maintenance downsizing option for seniors. However, misconceptions about condominium ownership often keep potential buyers from considering them as an option. Here, we dispel some of the most common misconceptions about condo living.
When you buy a unit in a condominium, you do become a homeowner and gain access to most of the rights that come along with buying a freestanding property. If you're wondering which rights condominium owners do not have, these are related to the fact that a condominium involves shared ownership.
So, while you have the right to make changes to your unit whether good or bad , you won't have quite as much free rein as you would in a house.
You may not have the option of making changes to the plumbing or electrical by yourself, as most condo rules require the use of a qualified professional. After all, if your new toilet leaks or your wiring job starts a fire, this will become everyone's problem.
You also may not have control over the portions of your unit that are referred to as "common property," which may include windows, patios, and balconies. This communal ownership also means that you'll have to pay condo fees, which are used to maintain the property. Condo Fees Are Bad Many homebuyers look at condo fees as an additional expense, compared to owning a house. However, before assuming these fees are a drain, it's important to look at what they cover.
Typical condo fees generally always include a contribution toward the building's upkeep and maintenance, but they may also include heat, water, sewer, garbage collection fees, and even electricity and cable TV in some cases.
Consider how much these line items would cost if you lived in a home. Also, consider that, in a condo, you don't have to mow the lawn or shovel snow yourself, which ultimately means you will have to chip in to hire someone.
Condo fees that are too high can be a sign of poor money management on the part of the condo board, but you will have to review the condo documents before being able to say for sure. Also, remember that condo fees are determined by the condominium's board of directors , which is made of owners just like you. In other words, no one is profiting from these fees—they are decided by owners who have to pay them just like you do.
Special Assessments Are Bad Even a well-managed condominium can fall prey to what is called a "special assessment. Many condo owners assume that their fees will take care of everything, but as an owner in the condominium, you are ultimately responsible for its upkeep, no matter what happens.
This is not unlike living in your own single-family home. Even if you routinely save money for repairs, a major unforeseen expense such as a foundation or roof repair can still leave you out of pocket. In fact, special assessments are often much better for condo owners than the alternative of raising condo fees over the long term. This is because a one-time fee will cover whatever repairs need to be done without putting a often much bigger dent in the overall value of each unit in the property.
You as an owner get a vote at association meetings, but it is just one vote. If the rules say a majority vote can raise monthly owner dues, then you'll have to pay them or you'll find a lien on your unit.
Periodically, you'll also find rules that allow assessments for major repairs, such as a new roof or parking and sidewalk work in the project. There can also be assessments divided among owners to redo the pool or renovate the clubhouse. In buying a unit you will have agreed to abide by the rules and pay your share of valid assessments. There can be very strict condo association rules and restrictions.
Drive into any condominium project and pay attention to the exterior of the units. They all look the same with respect to paint colors and exterior construction and design materials, and they always will. You will find strict rules in the association covenants and restrictions that mandate no changing and little individuality when it comes to the exterior look of the units. You may discover that you can't even hang a holiday wreath on your door, and you'll likely turn up a rule about no wind chimes.
It's all about maintaining a consistent look for the entire project. You may also find limitations on what type of furniture or other items you can have on an outdoor patio. There can even be rules about how much you can individualize the interior of your unit. These are justified by statements that the units must be in a condition to be easily sold in the marketplace. If you paint your interior bright orange and your cabinets bright green, this could lead to problems.
If you're a hermit, they may not know until you leave, but just be aware that the restrictions apply to both exteriors and interiors in many condominium projects. Overall, choosing a condo versus single-family homeownership is a personal decision, with very individual reasons for each person or family.
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