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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.

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Q: Obtaining a condo declaration
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Can you sell a condo unit in NYS without condo declaration being recorded?

No, in New York State, you cannot sell a condo unit without the condo declaration being recorded. The condo declaration is a legal document that establishes the rights and obligations of condo owners and is necessary for the sale of the unit to occur. Recording the declaration protects the rights and interests of all parties involved in the condo transaction.


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Not if the condo was built to code.


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Your answer depends on who owns the 'leaky' main stacks. You can find the ownership answer in your governing documents, your declaration under boundary definitions.


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When inquiring about a condo loan a person needs to know what they want to spend, what features they desire in the condo and where they want the condo to be located.


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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.


Can an owner of a condo pass on to the condo owners the park fee he was require to pay before building the condos?

There is no standard answer to your question. Read your governing documents to determine what is possible in your case. There may be special fees you pay when you purchase a unit from a developer, which may be passed along to subsequent owners, or not -- according to what's written in your declaration.