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Old 05-30-2018, 10:23 AM
Location: USA
385 posts, read 261,907 times
Reputation: 105


Condominium regime - Concern resolution ?

Thanks for replies to my postings.

First and foremost I LOVE this forum. I've been on here a while now but have taken your wonderful advice/tips.

My wife and I are purchasing our very first home in Maryland. I looked a property listed as

Style: Colonial, Ownership: Fee Simple Type: Townhouse in MRIS listing.

It too says:
HOA/Condo/Coop Fee Includes: CAM, Lawn Care front, Lawn Care rear, Lawn Maintenance, Lawn Care side, Management, Master Ins Policy, Reserve Funds, Road Maint, Sewer, Snow Removal, Trash Removal, Water

This property has Master Ins Policy. It looks like a condominium regime community.

The tax record shows assessment for Land & Improvements and Total Tax Assessment for land + improvement(structure/House). If I buy this property, I will pay taxes for land + improvement(structure/House).

I did review the DEED. It specify "The lot or condoiminium unit conveyed here in is subject to a lien for water and sewer facilities utility assessment imposed by XXX CORP. Declaration provides all lots and condoiminium units in the subdivision are subject to a lien and covenant running with the land as a general uniform plan of development in the total dollar amount of xxx per year, which convent and lean payale annually a period of 40 years. "

I did not see wording of ownership of land portion, boundary definition, dimension etc in the DEED document. We did not see any disclosures from seller in this regards.

We are concerned, whether we will hit any land mines after purchasing this property.

Will we have ownership for land piece of this unit or condominium regime owns the land and we own only structures?

How will the lien described in DEED impact our ownership? Who is liable to pay $XXX per year described in lien portion?

Where can I get correct info to resolve our concerns?

Thanks in advance for your time to review my post and providing help.
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Old 05-30-2018, 10:53 AM
Location: Raleigh NC
18,051 posts, read 10,062,567 times
Reputation: 11720
you need to ask your agent and your attorney or title officer. I have no idea what a "condominium Regime" is. It would be very standard for a HOA neighborhood to use common areas for utility systems, and pretty common for that utility company to have some type of lien.

If the utility companies filed a lien because maybe they installed and said "pay us back over time instead of all upfront" ... then that payment/lien is within your HOA dues (unless otherwise disclosed). It's rare but possible they pay for it with an annual assessment, but that would have been disclosed.

Master insurance covers HOA liability, and your liability, within the common areas.
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Old 05-30-2018, 02:50 PM
2,228 posts, read 957,907 times
Reputation: 3705
This reminds me of someone I knew.

He lived in a HOA. The HOA is where there's a board determining things for the residents, sometimes with different degrees of resident input and ways of sharing info with residents...to some of this..all the way to nada from either side.

Basically, a HOA has things in common so they need a system of collecting money for upkeep of those things and for maintaining and repairing them and even to see about abandoning them or expanding them.

Now, in this friend's case, he and his family lived in a townhouse. Until I met them, I only knew townhouses where limited space came under the owners' concern. So they couldn't paint whatever color they wanted, the HOA did the lawn, but allowed a few flowers maybe, the HOA took care of the roof and deck. But in this situation the family owned it fee simple. Fee simple is like how people usually own their single private home.

So those owners owned their deck and front yard etc. To mix it up, though, the HOA mowed that yard and stained that deck. And did take care of the roof and siding.

AND, all the homeowners in that complex, which was not large, were on a single water meter and had to pay a portion of the bill. This might be what they mean by the lien for water and sewer. Just that there is this common meter and the bill needs to be paind. Mind blowing. Anyway, what the manager did was set a monthly amount they each had to pay. Sometimes, the owners had to come up with more if there was a lot more water used.

The irony is, one woman took in laundry for her church members. Another washed more cars than others in his driveway. Others did more landscape watering. And others did none of that and were conservative with water.

You should ask the board president or HOA manager about your questions. And ask the neighbors what their experiences have been, how they feel about living there. And then get good legal advice.
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