Page 9 - New England Condominium June 2022
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NEWENGLANDCONDO.COM  NEW ENGLAND CONDOMINIUM   -JUNE 2022     9  impact other units, or the building’s shared  shareholder has to fix it—and foot the bill.  rules and lifestyle conventions in their new  ments. “They should understand the rules   elements,  including  wiring,  plumbing,  or  Not understanding the distinction between  communities, but  of the  documents  gov-  infrastructure.   Staszczak  says  that  another  major  is-  sue that’s especially common in condo-  minium associations is owners not really  disputes between residents, boards, and  ing up to purchase,” he says, “at contract,  better education at the purchase level with   understanding percentage ownership and  property managers.   common areas. “Percentage of ownership   seems  to be  a  major  source  of  confusion  lack of understanding of budgets. “Residents  torney, the attorneys should make sure the   for new owners,” he says. The idea that the  may not understand how budgets are built,”  buyer is reading them. Savvy buyers should  ciations have a website and \\\[make their\\\]   more space  you have, the more percent-  age share you have—and hence the higher  they don’t understand   your monthly assessment—escapes many.  where their monthly   “They want to know why different residents  maintenance goes, or   pay different monthly assessments, because  the difference between   they don’t understand percentage owner-  ship and how that affects them.”   When it comes to common areas or el-  ements, most new owners just think of a  often don’t understand   community room, an in-house gym, or  what type of insurance   garden-style courtyard—but the building’s  they themselves need.   infrastructure,  including  façade  and  roof,  Renter’s insurance is   boiler and HVAC equipment, plumbing  not good enough \\\[for a   and electrical systems, as well as lobbies,  condo or co-op\\\]. They   hallways, and storage areas are also com-  mon elements, and as such are maintained  co-op insurance. Renter’s doesn’t cover in-  and repaired using  funds from  residents’  dividual unit owner responsibility for com-  monthly fees to the condo association or  mon areas in an insurance claim.”  co-op.    A more complicated example is a clogged   sink. If the clog is in a portion of pipe in-  side the wall, the co-op or condo owns it,  ops and condos, HOAs, and over-55 com-  and therefore has to repair it, and pay for  munities. Younger buyers upgrading from  their unit included a parking spot.  the repair. If the clogged section of pipe is  rentals and older buyers downsizing from   inside an individual unit, the unit owner or  private homes are often ignorant of not only  ers should be required to read their docu-  private and common elements, and how  erning those communities.  that distinction determines who’s respon-  sible for what is at the root of a great many  that can help correct the problem. “Lead-  Commensurate with this problem is a  the association’s attorney to the buyer’s at-  says Sprudzs, “and so   types of line items, like   fixed vs. variable costs.   First-time owners also   need \\\[homeowners or\\\]   How Common is the Problem?  In a word, pervasive. The problem of  parking”—which would be a nasty shock if  who specializes in co-ops and condos—not   owner and shareholder ignorance spans co-  Staszczak  has a  few recommendations  he loves the idea of requiring buyers to take   as documents start coming through from  realtors, attorneys, and providing a printed   also request and  governing documents available online. The   read through the  buyer can go there to learn about the docu-  minutes of past  ments and what they contain.” She says that   board  meetings,  which are available  familiar with  the  specific  community and   to them, to under-  stand the commu-  nity they’re buying  Buyers often assume things without asking   into  and  how  it  questions. New owners will ask me, ‘Where   runs. There are lots  do I get my keys?’ You get them at closing,   of  small  details  a  from the broker, not like in a rental situa-  buyer should know  tion. And if you need to change the locks,   that are found in  you call a locksmith—not the association.”  these documents.   You should know  right professionals is “another factor before   if you have an assigned parking space or  going to contract that can make a big dif-  if they’re separately deeded, for instance.  ference—brokers in particular. Use a broker   If it’s the latter, and the buyer didn’t buy a  who has a strong background in how a co-  space along with their unit, they don’t have  op or condo operates. Also use an attorney   part of the reason a buyer chose a particu-  lar building or HOA was that they thought   For his part, Wolf believes new own-  and regulations in the community when   they commit to buy,” he says, adding that   a class but, “that’s not realistic—but having   guide would be helpful.”  Sprudzs adds that “some condo asso-  “it’s also important to have a realtor who is   community living in general—not one who   is only familiar with single-family homes.   Staszczak agrees that working with the   just a real estate attorney.”   The Board’s Role   When faced with questions (or com-  “A lot of owners   don’t realize that the   board makes policy   and \\\[managers\\\] then   administer their   decisions.”   — Scott Wolf  continued on page 14 


































































































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