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Old 03-21-2014, 03:17 PM
 
2,737 posts, read 5,548,600 times
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> Yes, but wasn't Madonna not approved for a condo in New York because the other owners thought her presence would attract too much paparazzi and be a nuisance?

I believe that was a COOP, an ENTIRELY different kettle of fish.

Seems to me the only way a condo association can request information is if they have the ability to match your offer and buy the condo directly from the present owner (and that could only be the case if this right is in the original documents the owner signed). Absent this, the owner can sell to anyone he wants to.

HOWEVER this request suggests that you have an incredibly intrusive association. If they really mean it I would really seriously consider withdrawing your offer and looking elsewhere.
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Old 03-21-2014, 03:19 PM
 
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> I've just been winging it, and relying on my father who is in Florida and who has bought and sold a number of condos there. ANd he is dead set against spending the additional few hundred bucks to consult a lawyer

In THAT case- I would suggest that he buy it himself with his own bucks. This sounds like a disaster waiting to happen.
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Old 03-21-2014, 03:23 PM
 
10,334 posts, read 8,186,369 times
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Quote:
Originally Posted by rational1 View Post
> Yes, but wasn't Madonna not approved for a condo in New York because the other owners thought her presence would attract too much paparazzi and be a nuisance?

I believe that was a COOP, an ENTIRELY different kettle of fish.

Seems to me the only way a condo association can request information is if they have the ability to match your offer and buy the condo directly from the present owner (and that could only be the case if this right is in the original documents the owner signed). Absent this, the owner can sell to anyone he wants to.

HOWEVER this request suggests that you have an incredibly intrusive association. If they really mean it I would really seriously consider withdrawing your offer and looking elsewhere.
It's an estate sale. ANd the two daughters of the former owner have already accepted the offer, so I don't think the board can interfere.

Let's say they are intrusive. If I can legally and politely refuse to provide some of the information, I would hope they would not have the right to prevent the sale of the condo to me. I guess I'll have to talk to an attorney.

Oh, and the condo association president is not only an attorney himself, but a former FBI agent, so I'm sure he does have a nosy investigative sort of mindset.
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Old 03-21-2014, 03:30 PM
 
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I agree - if they're being this intrusive already, its only going to get worse. Your dad is dead wrong - you need to consult a real estate attorney - unless you've decided to just walk away. That would be my preferred solution at this point, given you don't lose anything (such as set yourself up for breach of contract or something) in the process.

I would be more concerned by now about potential breach of contract than the HOA. Consulting a real estate attorney is really the best thing to do.
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Old 03-21-2014, 03:37 PM
 
Location: Brentwood, Tennessee
46,179 posts, read 44,516,010 times
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Quote:
Originally Posted by ellemint View Post
Good advice. I'm thinking of doing that. This was a private sale between the estate and I, no realtors involved. I've talked to the estate's lawyers, but obviously they are not looking out for me.

So far I don't have anyone, not a realtor, nor a real estate lawyer to advise or help me. I've just been winging it, and relying on my father who is in Florida and who has bought and sold a number of condos there. ANd he is dead set against spending the additional few hundred bucks to consult a lawyer so I would have to go behind his back. I am relying on him to send me all the documents I need since I'm not there.

Also, they sent the contract today via e-mail and wanted me to sign the contract and send a deposit check by March 25th. That's two business days! I wouldn't even have time to do anything.

And there's all kinds of confusing stuff in the contract about flood plains and flood insurance which I know NOTHING about. I asked the seller's attorney about it, and he said, "ah, don't worry about it, it's just standard on all contracts in Florida." Well, how do I know that?

This is a very bad deal.


You basically are about to sign up to spend hundreds of thousands of dollars and sign a legally binding contract that you do not understand.

There are so many red flags here that it is making ME sweat. I mean, flood plain means flood insurance, which means more money and more restrictions.

PLEASE do not let your father or the HOA or anyone else pressure you. Get an attorney today.
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Old 03-21-2014, 03:38 PM
 
10,334 posts, read 8,186,369 times
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Quote:
Originally Posted by Sojj View Post
I agree - if they're being this intrusive already, its only going to get worse. Your dad is dead wrong - you need to consult a real estate attorney - unless you've decided to just walk away. That would be my preferred solution at this point, given you don't lose anything (such as set yourself up for breach of contract or something) in the process.

I would be more concerned by now about potential breach of contract than the HOA. Consulting a real estate attorney is really the best thing to do.
I haven't signed anything yet. The offer was made verbally, and accepted in writing by the estate. What I was going to do was send in the contract with dates crossed out, allowing me more time to process things. The contract also only gives 5 days for a home inspection. Usually it's a couple of weeks isn't it? Sometimes it's hard to even set up an appointment with a home inspector so fast.

I'm not in Florida. But I guess on Monday I can try to get a hold of an attorney in the area, e-mail him the contract, and the application, and get his advice over the phone.

I was going to give myself just an additional week past the March 25th deadline for the contract, but wouldn't a month be more realistic? I had to wait 8 months for the estate probate to be settled so what difference does a month make now?
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Old 03-21-2014, 03:40 PM
 
10,334 posts, read 8,186,369 times
Reputation: 4551
Quote:
Originally Posted by Wmsn4Life View Post

This is a very bad deal.


You basically are about to sign up to spend hundreds of thousands of dollars and sign a legally binding contract that you do not understand.

There are so many red flags here that it is making ME sweat. I mean, flood plain means flood insurance, which means more money and more restrictions.

PLEASE do not let your father or the HOA or anyone else pressure you. Get an attorney today.
OK, thanks.
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Old 03-21-2014, 03:41 PM
 
Location: Ocala, FL
3,533 posts, read 6,409,671 times
Reputation: 3197
Yes, a Condo Association or an HOA can deny a new owner who refuses to comply with such a request if it is clearly stipulated in the CCR (Community Covenants and Restrictions). I have personally seen it happen. It is not a form of discrimination (In My Opinion). Essentially it is like a credit check that determines that you have the ability/income to pay the required monthly/yearly fees.

I am not an attorney, nor do I play one on TV. I am a realtor with a CAM (Community Affairs Management) license in FL.
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Old 03-21-2014, 03:44 PM
 
Location: Brentwood, Tennessee
46,179 posts, read 44,516,010 times
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Quote:
Originally Posted by dontaskwhy View Post
Yes, a Condo Association or an HOA can deny a new owner who refuses to comply with such a request if it is clearly stipulated in the CCR (Community Covenants and Restrictions). I have personally seen it happen. It is not a form of discrimination (In My Opinion). Essentially it is like a credit check that determines that you have the ability/income to pay the required monthly/yearly fees.

I am not an attorney, nor do I play one on TV. I am a realtor with a CAM (Community Affairs Management) license in FL.
In your experience, can they legally demand ALL the information this board wanted from the OP?
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Old 03-21-2014, 03:45 PM
 
Location: Lakewood Ranch, FL
5,440 posts, read 8,501,989 times
Reputation: 6573
First, do yourself a favor and work with an agent. As for condos, you need to understand that you are both buying a unit AND buying into an association of other unit owners who together own the common property, and together you are all responsible for the expenses associated with that common property. Although some condos don't seem to care, I wouldn't want to throw in with a condo association that does not screen its potential new members. That's why they want your info. They will probably do a background check to see that you are credit worthy and that you have not had a criminal history. They are not being intrusive, they are protecting everyone's investment. Once you are a fellow owner, they will protect your investment, too.
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