0
Is it required that a condominium declaration be prepared by an attorney?
Wiki User
∙ 14y ago
The condominium declaration is generally based on state law. Usually, it contains the conditions, covenants, restrictions, reservations, rules and so forth, plus the by-laws for the association. It may also contain the articles of incorporation for the business.
Since the declaration will be used to govern, manage and operate a multi-million dollar, non-profit (usually) corporation, it's a good idea to engage counsel to craft the declaration.
Otherwise, when the board or owners choose to challenge the basics contained in the declaration, and the matters end up in litigation, the non-attorney-prepared declaration may not be adequate to support these challenges.
It will probably be more cost effective for owners in the long run to hire the original declaration be crafted by an attorney.
If you are a developer and want to avoid paying an attorney to craft the declaration, you may be obliged under state law to notify potential buyers -- in full disclosure -- that the governing documents were crafted by other than an attorney.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Which export documents are required to be prepared by the exporter himself?
The Power of Attorney, the Commercial Invoice, and the Pro Forma invoice are all export documents that are required to be prepared by the exporter himself.
How do you rescind a declaration of condominium?
If you mean you want to neutralize the declaration, this may not be possible except in the case of a disaster: flood, fire, earthquake and so forth that destroys all the real estate assets and makes it uneconomical to repair them.Your governing documents may provide for a dissolution of the association, given a disaster.Otherwise, you can also read there how to modify or amend your declaration and the required number of voting percentages required in order to accomplish this change.Another PerspectiveEvery state has a condominium law. When a condominium is declared its sponsor makes it and its base tract subject to the state condominium law. The provisions for terminating a condominium are set forth in the statute and generally involve the assent by all the owners. In some cases all the units in a failed condominium are acquired by a single owner and that owner can withdraw the property from classification as a condominium. Such projects are converted into rental properties. You need to check the law in your state.
Can you get step by step instruction on how to file a lien?
You can get a step-by-step set of instructions from an attorney, who is usually required to help you file a lien in a condominium situation. As well, read your governing documents to determine whether or not you have followed all the proper procedures, sent notices, and sent the proper letters required before you can file a lien against a condominium unit owner.
Is a notarized will a legal document in Calfornia?
If it meets all the other requirement of CA law, yes, it probably is. It is not required that a will be prepared, or witnessed, by an attorney.
What to do when the board refuses to honor vote of the majority at a properly called special meeting of unit owners of the condominium association?
Read your governing documents and determine what percentage of owners are required to overwhelm your board. It may be 51% or 67% or some other large percentage.If you have the percentage of owners voting that are required, you can engage an attorney willing to take on clients who are not associations. The attorney can help you get your board's attention.
How do you file a property lien for unpaid condo fees in the state of MA?
Your governing documents detail the process required for the board to follow in order to pursue an owner for unpaid assessments.Best practices dictate that the board act with the assistance of a condominium attorney.
What are the steps to change bylaws in a condominium association in new jersey?
Read your governing documents to discover the process for your condominium. There is no standard, but generally, a vote of a majority of owners is required.
How does a condo assoc take out a lien for non payment of monthly dues?
You can find the answer you want in your governing documents. Usually, assessments automatically represent a lien against the title, and the board -- with its attorney -- can file a formal lien with the hall of records where the unit's deed is filed, for unpaid assessments. An attorney who represents condominium associations in your area can help you file the necessary lien, given appropriate records to indicate non-payment of assessments owed and unpaid. In addition, be prepared to show evidence of the association's attempts to collect past-due assessments.
How can the rules and regulations be adopted amended changes for condominium?
You can find the answer you want in your governing documents.Depending on which governing document you want to amend, there may be different percentages of membership votes required to pass the amendment.When amending your governing documents, best practices indicate that you consult with your association's attorney, so that the amendment fits within the state's condominium law parameters, and is a reasonable amendment for your particular property.
Can the Declaration of Condominium be legally changed by some unit owners if others object?
Read your governing documents to fully understand the process required to alter the land-use -- Declaration -- of your association. Depending on the content of the amendment, different percentages may be required to vote in favour in order to pass the amendment changing the basic declaration. Usually, at least 51% of the owners must vote in favour, sometimes the number is an uber-majority, and in some cases 90% or 100% of affected owners must vote in favour to pass an amendment.
How do you convert property to condominiums?
If you are a developer and purchase the land, you can work with a common-interest community savvy attorney to develop the conditions, covenants, reservations and restrictions for land-use that you want for your plat. Then you can build your building and sell units based on the Public Offering Statement required in your state. If yours is an apartment building, again, you can work with a CIC-savvy attorney to convert your building to condominiums. Key is process and your ability to meet all the requirements for this project.
How do you convert a 33 unit rental condo building to an owner occupied 50 and older retirement condo complex?
Your terminology in the question is confusing: either your building is a rental building, or it's a condominium building. Each presents different challenges for conversion. If your building is a rental building, the owner can hire an association-savvy attorney to develop the governing documents, and work with a team to establish conversion prices, move-out arrangements for tenants who chose not to buy, and identify residents who won't be required to move. If your building is a condominium, your association-savvy attorney can help you survey owners to identify the chances of gaining the uber-majority of votes required to amend your governing documents. Then, the attorney can draft the amendment and lead the membership through the voting process. Again, logistical arrangements for residents who do not qualify under the new governing documents and will be required to move, must be made and implemented.
