So You Want To Purchase A Condominium Unit?

Written by Posted On Wednesday, 30 March 2016 13:26

Condominium sales are hot throughout most of the country. People want the advantages which a condominium can offer -- such as not having to shovel snow, cut the grass or worry about making arrangements for maintenance and repairs.

But before you buy, you must do your homework. It is not the same as buying a single family home. All condominium associations have rules and regulations which must be honored by all owners; all associations have budgets which may or may not be adequate.

State laws differ as to whether potential buyers are entitled to receive certain information -- before they go to closing -- about the activities and operations of the association. In a great many states, the seller is required to provide potential purchasers with what is known as a "resale package". Actually, the association must provide the relevant documentation. If the buyer does not receive the package prior to settlement -- or if the buyer does not like what he/she sees in that package -- the buyer has the right (within a certain number of days after receiving the information) to cancel the contract and get the deposit refunded.

Regardless of whether your state has such a "resale" requirement, here are the basic things you should review before you actually take title to a condominium unit. Your sales contract should give you the right to obtain the following information, and give you the right to terminate the contract should you not like the information. Normally, you should have a minium of ten days from the time you get this information in which to make your decision as to whether you will go forward.

1. Condominium Documents: most associations have a Declaration, Bylaws and house rules. Make sure they are current. In some jurisdictions, the Plats and Plans are considered "condo docs".

2. Budget: every year, the Board of Directors of the association must prepare a budget for the next year, showing potential income and expenses. Additionally, the budget must contain adequate reserves for future repairs and replacements. Insist on receiving the current budget, the proposed budget for next year (if it is available) and last years budget. You -- or your financial advisors -- should review this material carefully.

3. Accountants Report: on an annual basis, the association obtains (or should obtain) a report from an independent Certified Public Accountant (CPA). This report shows the financial picture of the Association, as well as important comments from the CPA. The comments (usually called "notes" must be read carefully. They often raise concerns which the CPA has about the financial health of the Association.

These are the minimum documents you should receive and review. It is also a good idea to periodically visit the condominium -- perhaps on a Saturday and Sunday -- and talk with owners. Some will be guarded in what they tell you; others will be candid and tell you the good and the bad (if any) of their association.

Finally, you should consult your real estate attorney before you sign any contract to purchase a condominium unit. This is an important investment, and you want to make sure you fully understand your rights and responsibilities.

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Benny L Kass

Author of the weekly Housing Counsel column with The Washington Post for nearly 30 years, Benny Kass is the senior partner with the Washington, DC law firm of KASS LEGAL GROUP, PLLC and a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts.

Mr. Kass is a Charter Member of the College of Community Association Attorneys, and has written extensively about community association issues. In addition, he is a life member of the National Conference of Commissioners on Uniform State Laws. In this capacity, he has been involved in the development of almost all of the Commission’s real estate laws, including the Uniform Common Interest Ownership Act which has been adopted in many states.

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