CONDOMINIUMS & TOWNHOMES
Are condominiums risky to buy?
Are condos a good
investment?
Are one-bedroom
condominiums a good investment?
Can a condo
association ban nudity?
Can condos ban smoking?
Do condos have to be made accessible to the disabled?
How do I figure out the homeowners association?
How do you choose between condos and single-family homes?
Where do I get information on condo association laws?
Where do
I get information on condos?
Question:
Are condominiums risky to buy?
Answer:
While
condos never had the kind of appreciation experienced by single-family
homes in the go-go 1980s, most ultimately have not lost value, say some
experts. And with high prices in many urban markets and more single home
buyers in the market than ever before, the market for condos is strong.
As with any home purchase, you should do your homework about the
neighborhood or development before you buy. In the case of condominiums,
it is important to read the past six months of homeowners association
minutes to see how effective the board is and to learn about any
possibly detracting issues (such as protracted litigation with the
developer).
The condominium community has worked hard in the last few years to
overcome image problems brought on by disputes and lawsuits.
Associations are becoming more sophisticated about property management
and taking steps to prevent legal problems and disputes.
Other resources:
* Community Associations Institute, 225 Reinekers Lane, Suite 300,
Alexandria, VA 22314; (703) 548-8600
* "The Condominium Bluebook," Branden E. Bickel, Piedmont Press
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Question:
Are condos a good investment?
Answer:
Condominiums have held their value as an investment despite economic
downturns and problems with some associations. In fact, condos have
appreciated more in the past few years than when they first came on the
scene in the late 1970s and early 1980s, experts say.
While there are lots of reports about homeowners association disputes
and construction-defect problems, the industry has worked hard to turn
its image around. Elected volunteers who serve on association boards are
better trained at handling complex budget and legal issues, for example,
while many boards go to great lengths to avoid the kind of protracted
and expensive litigation that has hurt resale value in the past.
Meanwhile, changing demographics are making condominiums more attractive
investments for single home buyers, empty nesters and first-time buyers
in expensive markets.
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Question:
Are one-bedroom condominiums a good investment?
Answer:
One-bedroom condominiums historically have not been considered as good
an investment as condos with two bedrooms or more. But in high-cost
markets, such as Manhattan or the San Francisco Bay Area, one-bedroom
condos have proven to be equally good investments. Helping that along
are changing demographic trends. With more single home buyers in the
market today than at any time in history, there is more demand for
one-bedroom condos.
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Question:
Can a condo association ban nudity?
Answer:
Could
you sunbathe in the nude on your own balcony? Not necessarily. In a
condominium development, a balcony is not considered private property
but common property assigned to your exclusive use - but a common area
nonetheless.
Covenants, codes and restrictions (CC&Rs) usually spell out what
activities can and cannot be conducted on common property. Some
associations prevent people from barbecuing on their balconies or
hanging large plants from the railings. However, the larger issue of
regulating personal conduct is not so clear-cut. It literally depends on
what side of the fence you're on.
If the sunbather can be seen from a public vantage point -- not by
someone who must climb a tree or peer through binoculars -- then the
rule probably would be considered reasonable, say legal experts.
Incidentally, there are places where nudity is tolerated but again, only
out of public view.
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Question:
Can condos ban smoking?
Answer:
A
homeowners association's board of directors can restrict smoking if it
applies to indoor common spaces such as hallways or recreation rooms.
Outdoor spaces are a different story, say legal experts. Any restriction
would probably hinge on local laws (i.e. if a city banned smoking
outdoors, a homeowners association probably could restrict smoking in
its outdoor spaces).
Typical covenants, codes and restrictions (CC&Rs), which govern condo
associations, give the board authority to make and enforce reasonable
rules for the use of common property. But that would not apply to
interior spaces owned by smokers themselves. Resources:
* Common-interest development brochure available free from California
Department of Real Estate, Book Orders, P.O. Box 187006, Sacramento, CA
95818-7006; (916) 227-0852
* Various Internet sites specializing in common-interest developments,
such as those operated by the Community Associations Institute and CID
Networks.
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Question:
Do condos have to be made accessible to the disabled?
Answer:
The
1990 Americans with Disabilities Act does not require strictly
residential apartments and single-family homes to be made accessible.
But all new construction of public accommodations or commercial projects
(such as a government building or a shopping mall) must be accessible.
New multi-family construction also falls into this category.
In all states, the Federal Fair Housing Act provides protection against
discrimination for people with physical or mental disabilities.
Discrimination includes the refusal to make reasonable modifications to
buildings that aren't accessible to the disabled.
Two educational brochures, "Housing Rights" and "Discrimination is
Against the Law," are available through the Department of Fair
Employment and Housing by calling (916) 227-0551. California residents
can dial toll free (800) 884-1684.
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Question:
How do I figure out the homeowners association?
Answer:
Learn
everything you can about the homeowners association before you buy into
a development governed by one. The association's financial, political
and legal conditions are very important to your investment and quality
of life.
When run properly, homeowners associations maintain the common grounds
and keep civility in the complex. If you follow the rules, the
association should not intrude on your privacy or cost you too much in
association dues.
Poorly managed associations can drag down property values and make
living there difficult for residents. Start by studying the
association’s covenants, codes and restrictions, or CC&Rs, and find out
if you can live by them. For example, if the rules prohibit loud music
after a certain hour and you like to play your CDs late at night, this
may not be the place for you. Don't move in thinking you can get away
with violating the rules or change them later because you may find
yourself in turmoil with determined neighbors firmly in control of the
association board.
Find out all you can about the association's finances. Beyond reviewing
the budget, talk to the association treasurer and find out if dues are
expected to increase and if any special assessments are planned. Ask if
special inspections have revealed problems with roofs or plumbing that
may cause a dues hike or special assessment later on.
Call and meet with the association president. If you are the type of
person who despises intrusions into your private life and the president
seems more interested in gossip about the residents than maintaining the
property, this may not be the right condo complex for you.
Speak with residents to get their views on the association's finances,
its property manager, how it operates and any politics. Associations are
volunteer organizations with elected boards, like a mini-government, so
politics can enter the picture and spoil a good thing.
Lastly, take some time to understand how homeowners associations are
organized and how they conduct business. Like all real estate
investments, the more you know the better off you are.
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Question:
How do you choose between condos and single-family homes?
Answer:
Using
appreciation as a measure, condominiums in some areas have been as
profitable an investment as single-family homes in the past five years.
And in some markets, condos appreciated even more, according to some
experts.
While single-family homes have been the preferred investment by home
buyers, changing demographics are helping make condos more popular,
especially among single home buyers, empty nesters and first-time buyers
in high-priced markets.
Also, the condominium community has worked hard in the last few years to
overcome image problems brought on by homeowners association and
developer disputes as well as all too frequent construction-defect
litigation.
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Question:
Where do I get information on condo association laws?
Answer:
Resources:
* "The Condominium Bluebook" by Branden E. Bickel, B& Piedmont Press;
2000.
* Community Associations Institute, Alexandria, VA; (703) 548-8600
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Question:
Where do I get information on condos?
Answer:
The
major interest group for condominium projects and other so-called
common-interest developments is the nonprofit Community Associations
Institute, 225 Reinekers Lane, Suite 360, Alexandria, VA 22314; (703)
548-8600
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