From Wikipedia, the free encyclopedia Condominium
Condominium
Prior-appropriation water rights
Lateral and subjacent support
Assignment · Nemo dat
Property and conflict of laws · Blackacre
Other common law areas
Contract law · Tort law
Wills, trusts and estates
Criminal law · Evidence
condominium, condo,
A condominium or condo is the form of housing tenure
Property law and other real property where a specified part of a piece
of real estate (usually of an apartment house) is individ-
Part of the common law series
ually owned while use of and access to common facilities
Acquisition in the piece such as hallways, heating system, elevators,
Gift · Adverse possession · Deed exterior areas is executed under legal rights associated
Conquest · Discovery · Accession with the individual ownership and controlled by the as-
Lost, mislaid, and abandoned property sociation of owners that jointly represent ownership of
Treasure trove · Bailment · License the whole piece.
Alienation Colloquially, the term is often used to refer to the unit
itself in place of the word "apartment". A condominium
Estates in land may be simply defined as an "apartment" that the resi-
Allodial title · Fee simple · Fee tail dent owns as opposed to rents.
Life estate · Defeasible estate Condominium is the legal term used in the United
Future interest · Concurrent estate States and in most provinces of Canada. In Australia and
Leasehold estate · Condominiums the Canadian province of British Columbia it is referred
Real estate to as strata title. In Quebec the term "divided co-prop-
erty" (French: co-propriété divisée) is used, although the
Conveyancing colloquial name remains ’condominium’. In France the
Bona fide purchaser equivalent is called copropriété (co-ownership), usually
Torrens title · Strata title managed by the syndic. In South Africa, this form of own-
Estoppel by deed · Quitclaim deed Title,
ership is called Sectional Title with the owners constitut-
Mortgage · Equitable conversion ing the Body Corporate.[1]
Action to quiet title · Escheat
Future use control Overview
Restraint on alienation The difference between a condominium and an apartment
Rule against perpetuities complex is purely legal: there is no way to know a condo-
Rule in Shelley’s Case minium from an apartment simply by looking at or vis-
Doctrine of worthier title iting the building. What defines a condominium is the
form of ownership. The same building developed as a
Nonpossessory interest
condominium (and sold in individual units to different
Easement · Profit owners) could actually be built someplace else as an apart-
Covenant ment building (the developers would retain ownership
Equitable servitude and rent individual units to different tenants). As a practi-
cal matter, though, builders tend to build condominiums
Related topics
to higher quality standards than apartment complexes
Fixtures · Waste · Partition because of the differences between the rental and sale
Riparian water rights markets.
1
From Wikipedia, the free encyclopedia Condominium
Technically, a condominium is a collection of individ-
ual home units and common areas along with the land
upon which they sit. Individual home ownership within
a condominium is construed as ownership of only the air
space confining the boundaries of the home (Anglo-Sax-
on law systems; different elsewhere). The boundaries of that
space are specified by a legal document known as a Decla-
ration, filed of record with the local governing authority.
Typically these boundaries will include the drywall sur-
rounding a room, allowing the homeowner to make some
interior modifications without impacting the common
area. Anything outside this boundary is held in an undi-
vided ownership interest by a corporation established at
the time of the condominium’s creation. The corporation
holds this property in trust on behalf of the homeowners The Cosmopolitan, a condominium in Singapore
as a group–-it may not have ownership itself.
Condominiums have conditions, covenants, and re- tions, powers, and duties of the board of directors; the
strictions, and often additional rules, that govern how powers and duties of the officers; and the obligations
the individual unit owners are to share the space. of the owners with regard to assessments, maintenance,
It is also possible for a condominium to consist of sin- and use of the units and common areas. Finally, a set of
gle family dwellings: so-called "detached condominiums" rules and regulations providing specific details of restric-
where homeowners do not maintain the exteriors of the tions on conduct of unit owners and residents are es-
dwellings, yards, etc. or "site condominiums" where the tablished by the HOA. [2] These are more readily amend-
owner has more control and possible ownership (as in a able than the declaration or association bylaws, typically
"whole lot" or "lot line" condominium) over the exteri- requiring only a vote of the HOA board. Typical rules
or appearance. These structures are preferred by some include mandatory maintenance fees (perhaps collected
planned neighborhoods and gated communities. monthly), pet restrictions, and color/design choices vis-
A homeowners association (HOA), whose members ible from the exterior of the units. Generally, these sets
are the unit owners, manages the condominium through of rules and regulations are made available to residents
a board of directors elected by the membership. The con- and or as a matter of public record via a condominium or
cept exists under various names depending on the ju- homeowners association website or through public files,
risdiction, such as "unit title", "sectional title", "com- depending on the state and its applicable laws. Condo-
monhold," "strata council," or "tenant-owner’s associ- miniums are usually owned in fee simple title, but can be
ation", "body corporate", "Owners Corporation", "con- owned in ways that other real estate can be owned, such
dominium corporation" or "condominium association." as title held in trust. In some jurisdictions, such as On-
Another variation of this concept is the "time share" al- tario, Canada or Hawaii USA, there are "leasehold condo-
though not all time shares are condominiums, and not all miniums" where the development is built on leased land.
time shares involve actual ownership of (i.e., deeded title In general, condominium unit owners can rent their
to) real property. Condominiums may be found in both home to tenants, similar to renting out other real estate,
civil law and common law legal systems as it is purely a although leasing rights may be subject to conditions or
creation of statute. Among other things, the HOA assess- restrictions set forth in the declaration (such as a rental
es unit owners for the costs of maintaining the common cap for the total number of units in a community that can
areas, etc. That is, the HOA decides how much each own- be leased at one time) or otherwise as permitted by local
er should pay and has the legal power to collect that. law.
The description of the condominium units and the
common areas and any restrictions on their use is estab-
lished in a document commonly called a "Master Deed"
Non-residential uses
(also known as the "Enabling Declaration", the "Declara- Condominium ownership is also used, albeit less fre-
tion of Conditions", or the "Condominium Document"). quently, for non-residential land uses: offices, hotel
Among other things, this document provides for the cre- rooms, retail shops, group housing facilities (retirement
ation of the HOA. Rules of governance for the association homes or dormitories), and storage. The legal structure
are usually covered under a separate set of bylaws which is the same, and many of the benefits are similar; for in-
generally govern the internal affairs of the condomini- stance, a nonprofit corporation may face a lower tax li-
um. Condominium bylaws usually establish the respon- ability in an office condominium than in an office rent-
sibilities of the owners’ association; the voting proce- ed from a taxable, for-profit company. However, the fre-
dures to be used at association meetings; the qualifica- quent turnover of commercial land uses in particular can
2
From Wikipedia, the free encyclopedia Condominium
make the inflexibility of condominium arrangements
problematic.
Similar concepts
There are many forms of real estate ownership that are
similar to condominiums but not identical.
Classic privately owned detached houses on privately
owned lots may be part of a community that has a home-
owner’s association. Such an association may administer
a common park area, for example, or an access road, or
architectural standards for the houses.
In a townhouse complex, multiple physical houses
The interior of a loft condominium
are combined into a single architectural building. Each
unit owner owns an identified plot of land and the build-
ing affixed to it, but that building is physically part of a Canada
larger building that spans lots. There is a continuous roof Condominiums exist in most parts of Canada though
and foundation and a single wall divides adjacent town- more common in larger cities. They are regulated under
houses. Legally, this is very similar to detached houses, provincial or territorial legislation and specific legal de-
but because of the intertwining of interests in the single tails vary from jurisdiction to jurisdiction. In most parts
architectural building, a homeowner’s association is re- of Canada, they are referred to as Condominiums, except
quired. It would be impractical, for example to replace in British Columbia where they are referred to as a strata
the roof of just one townhouse. But unlike the condo- and in Quebec where they are referred to as syndicates
minium, the townhouse complex’s HOA owns none of the of co-ownership.[4] A townhouse complex called Brentwood
building or the land under it. It is essentially under con- Village in Edmonton, Alberta was the first condominium
tract to the townhouse owners to maintain the parts of development in Canada (registered in 1967; the first
the building that are hard to divide. Even the walls be- high-rise condominium development was Horizon House
tween townhouses are usually outside the purview of the built by Minto in Nepean, Ontario and registered in
HOA, being jointly owned and maintained by the own- 1967.[5]
ers of the townhouses on either side. Like the condomini- With regular condominiums, the unit owner usually
um, the townhouse complex often has common areas for owns the internal unit space and a share of the corpo-
roads, parking, clubhouses, and such. ration; the corporation owns the exterior of the building
A rowhouse is like a townhouse except that the hous- land and common area; in the case of a freehold condomini-
es are not physically connected. They are independent um the owner owns the land and building and the corpo-
structures that simply have no space between them. ration owns common shared roadways and amenities.[4]
Technically, they are detached. The Canadian Condominium Institute is a non-profit asso-
A building with multiple residential units may simply ciation of condominium owners and corporations with
be owned in common by multiple people, with each hav- chapters in each province and territory.[4]
ing specific rights to a particular unit and undivided in-
terest in the rest. This is like a condominium, but there Ontario
is no HOA with legal powers. It is much harder to govern, In Ontario, condominiums are governed by the Condo-
as the individual unit owners often have to agree unani- minium Act, 1998[6] with each development establishing
mously or court intervention is required. a corporation to deal with day-to-day functions (mainte-
California statutes recognize three kinds of "common nance, repairs, etc.). A board of directors is elected by the
interest developments": condominium, townhouse, and owners of units (or, in the case of a common elements
community apartment, with the latter being the owned- condominium corporation, the owners of the common
in-common concept described above. interest in the common elements) in the development on
at least a yearly basis. A general meeting is held annual-
By jurisdiction ly to deal with board elections and the appointment of
an auditor (or waiving of audit). Other matters can also
be dealt with at the Annual General Meeting, but special
Australia meetings of the owners can be called by the board and, in
In Australia, condominiums are known as "community ti- some cases, by the owners themselves, at any time.
tle schemes".[3] In recent years, the condominium industry has been
booming in Canada, with dozens of new towers being
erected each year. Toronto is the centre of this boom,
3
From Wikipedia, the free encyclopedia Condominium
with 17,000 new units being sold in 2005, more than dou- Denmark
ble second place Miami’s 7,500 units.[2] Outside of Toron-
Apartments (Danish ejerlejlighed, literally "owner-apart-
to, the most common forms of condominium have been
ment") comprise some 5% of Danish homes.[9] They are
townhomes rather than highrises, although that trend
traded and mortgaged on the same markets as free-
may be altered as limitations are placed on "Greenfields"
standing houses, and are treated legally much like other
(see Greenfield land) developments in those areas (in
forms of real estate. Each owner-tenant directly owns his
turn, forcing developers to expand upward rather than
own apartment; the rest of the building and the ground
outward and to consider more condominium conversions
on which it stands is owned jointly by the apartment
instead of new housing). Particular growth areas are in
owners who execute their joint ownership through an
Kitchener/Waterloo, Barrie, and London. In fact, after
owner’s association. The expenses of maintaining the joint
Toronto, the Golden Horseshoe Chapter of the Canadian
property is shared pro rata among the owners.
Condominium Institute is one of that organization’s most
Another 5% of Danish homes are in housing cooper-
thriving chapters.[3]
atives (Danish andelsbolig), which occupy a legal position
The Ontario Condominium Act, 1998 provides an ef-
intermediate between condominiums and housing asso-
fectively wide range of development options, including
ciations. The entire property is legally owned by a non-
Standard, Phased, Vacant Land, Common Element and
profit corporation in which the tenants own shares; each
Leasehold condominiums. Certain existing condomini-
share carries the right and duty to lease an apartment
ums can amalgamate, and existing properties can be con-
from the cooperative. Shares can be bought and sold, but
verted to condominium (provided municipal require-
often the cooperative’s rules strictly limit the price for
ments for the same are met). Accordingly, the expanded
which they may change hand. (In contrast, condomini-
and expanding use of the condominium concept is per-
ums are traded on a free market). Because the official
mitting developers and municipalities to consider newer
share prices are often lower than the market value and
and more interesting forms of development to meet so-
sellers often retain freedom to select whom to sell to,
cial needs.[citation needed]
under-the-table payments are common.[9]
On this issue, Ontario condominium lawyer Michael
Current public policy favors condominiums over
Clifton writes, "Condominium development has steadily
housing cooperatives, and recent legislation have aimed
increased in Ontario for several years. While condomini-
ad making the latter more condominium-like. For exam-
ums typically represent attractive lifestyle and home-
ple, since 2005, cooperative shares may be used to se-
ownership alternatives for buyers, they also, important-
cure bank loans. (However, Danish mortgage banks still
ly, introduce a new approach to community planning for
may not mortgage individual housing cooperative apart-
home builders and municipal approval authorities in On-
ments).
tario. …[There are] opportunities for developers to be
both creative and profitable in building, and municipal-
ities more flexible and imaginative in planning and ap-
England and Wales
proving, developments that will become sustainable Main article: Commonhold
communities."[7] In England and Wales, the equivalent of condominium
Contrary to other jurisdictions such as Alberta, On- is commonhold, a form of ownership introduced in
tario does not provide flexibility for small condo cor- September 2004. As of 3 June 2009, there were 12 com-
porations to conduct their own reserve fund study, or monhold residential developments comprising 97 units
to update it less frequently than required for large cor- in England and one commonhold residential develop-
porations. Managers of small condominium corporations ment, comprising 30 units, in Wales.[10]
have asked the Ontario Ministry of Consumer Services
to review this requirement as it becomes burdensome Hungary
for the management of smaller buildings, by contacting: Condominiums (Hungarian:társasházi öröklakás) were
http://www.sse.gov.on.ca/mcs/Pages/AskAQues- formally introduced in 1924. Condominiums are traded
tion.aspx and mortgaged on the same markets as free standing
houses, and treated much like other forms of real estates.
Saskatchewan
In Saskatchewan, condominiums are registered as a spe- India
cial type of non-profit corporation that is owned by the Condominiums are more commonly known as "flats" in
unit owners; the owners elect a board of directors; the India, also referred as apartments sometimes. This type
operation of the corporation is governed by The Condo- of housing is very common in larger cities like Delhi,
minium Property Act.[8] Mumbai (Bombay), Chennai (Madras), Kolkata (Calcutta),
Bengaluru (Bangalore) and Hyderabad, but are not com-
monly found in rural areas.
4
From Wikipedia, the free encyclopedia Condominium
In India, in some of the States they are registered as Sweden
"co-operative housing society" rather than condomini-
On 1 May 2009, condominiums (ägarlägenheter) became
ums in that the owners actually have a share of the co-
available for the first time under Swedish law.[11] Of the
op and not the actual real estate itself. In such cases,
14,447 newly built apartments completed in 2009, only
the Owners can sell the "share" in the open market, but
six were condominiums. A majority of production, 7,723
they must receive approval from the co-op to complete
units, were apartments in housing cooperatives (bostad-
the transaction. Formation of a Co op Society is not es-
srättslägenheter), the traditional form of owner occupied
sential for a Condominium. There is no bar for construc-
apartment housing.[12]
tion of Condominium by private parties. As a matter of
fact, apart from a Housing Board under the Government,
there is no restriction in making condominium other
United States
than some building regulations. Many of the Apartment
Ownership Acts apply only to property, the sole owner or
all of the owners which submit the same to the provisions
of the Acts by duly executing and registering a declara-
tion by which property is to be submitted to the provi-
sions of the Act.
(a) for instance as per Sec.5 (2) of the Kerala Act (Act
5 of 1984) each apartment owner has to execute a dec-
laration that he submits his apartment to the provisions
of this Act. The contents of the declaration is specified in
Sec.11 of the said Act. The contents of the deeds of apart-
ment is also specified in Sec.12 of the said Act.
Norway Aqua waterfront condominiums in Long Beach, California,
Condominiums (Norwegian Eierseksjon) was formally in- United States
troduced in 1983. Some 19% of Norwegian homes are con-
dominiums, as approximately 50% of the owner-occupied The first condominium law passed in the United States
flats and duplexes, approximately 30% of the rowhouses was in the Commonwealth of Puerto Rico in 1958.[13] Eng-
and 2.5% of the detached houses are organised as condo- lish Common law tradition holds that real property own-
miniums. ership must involve land, whereas the French civil law
tradition recognized condominium ownership as early as
Singapore the 1804 Napoleonic Code; thus, it is notable that con-
dominiums evolved in the United States via a Caribbean
government with a hybrid common-civil legal system. In
1960, the first condominium in the Continental United
States was built in Salt Lake City, Utah.[citation needed] Ini-
tially designed as a housing cooperative (Co-op), the Utah
Condominium Act of 1960 made it possible for "Gray-
stone Manor" (2730 S 1200 East) to be built as a condo-
minium. The legal counsel for the project, Keith B. Rom-
ney is also credited with authoring the Utah Condomini-
A condominium complex in Singapore next to the Kallang Riv- um act of 1960. Romney also played an advisory role in
er the creation of condominium legislation with every oth-
er legislature in the U.S. BusinessWeek hailed Romney as
In Singapore, "Condo" or "Condominium" are terms used the "Father of Condominiums".[citation needed] He soon af-
for housing buildings with some special luxury features ter formed a partnership with Don W. Pihl called "Keith
like security guards, swimming pools or tennis courts. Romney Associates", which was widely recognized
Most housings without such features are built by the throughout the 1970s as America’s preeminent condo-
governmental Housing Development Board (HDB), and minium consulting firm.[14]
such HDB units can be possessed for rent or individually Although often mistakenly credited with coining the
bought from the government. Condominiums and HDB term "condominium", Romney has always been quick to
flats make up the overwhelming majority of available point out that it harks back to Roman times, and that he
residential housing in the country. merely borrowed it.[citation needed]
5
From Wikipedia, the free encyclopedia Condominium
areas such as Miami, San Francisco, Seattle, Boston, and
New York City. It is now in a slowdown phase.[15] Accord-
ing to Richard Swerdlow, CEO of Condo.com, "You’re not
going to see this giant overbuild again. It’s hard to imag-
ine that you’d see in the next decade what we just saw.
Real estate brokers and the developers were in almost a
ticket-collecting mode. They were processing orders be-
cause there was so much business to go around. Now that
sort of investor phenomenon has gone away." He added,
"That phenomenon has stopped."
An alternative form of ownership, popular in the
United States but found also in other common law juris-
dictions, is the "cooperative" corporation, also known as
"company share" or "co-op", in which the building has an
associated legal company and ownership of shares gives
the right to a lease for residence of a unit. Another form
is leasehold or ground rent in which a single landlord re-
tains ownership of the land on which the building is con-
structed in which the lease renews in perpetuity or over
a very long term such as in a civil law emphyteutic lease.
Another form of civil law joint property ownership is un-
divided co-ownership where the owners own a percent-
age of the entire property but have exclusive possession
of a specific part of the property and joint possession of
other parts of the property; distinguished from joint ten-
ancy with right of survivorship or a tenancy in common
of common law.
A historic mansion converted into luxury condominiums in In the United States, there are several different styles
Chicago, United States of Condominium complexes.
Garden Condominium complex consists of low-rise
Nowadays, the leadership of the industry is domi- buildings built with landscaped grounds surrounding
nated by Community Associations Institute or CAI.[citation them. Townhouse Condominium complex consists of
needed] multi-floor semi-detached homes. In condominium
Section 234 of the 1961 National Housing Act allowed townhouses, the purchaser owns only the interior, while
the Federal Housing Administration to insure mortgages the building itself is owned by a condominium corpora-
on condominiums, leading to a vast increase in the funds tion. The corporation is jointly owned by all the owners,
available for condominiums, and to condominium laws and charges them fees for general maintenance and ma-
in every state by 1969. Many Americans’ first widespread jor repairs. Freehold townhouses are exclusively owned,
awareness of condominium life came not from its largest without any condominium aspects. In the United States
cities but from south Florida, where developers had im- this type of ownership called fee simple.
ported the condominium concept from Puerto Rico and
used it to sell thousands of inexpensive homes to retirees
arriving flush with cash from the urban Northern U.S.[ci-
See also
tation needed] • Car condo
The primary attraction to this type of ownership is • Condo conversion
the ability to obtain affordable housing in a highly desir- • Condop
able area that typically is beyond economic reach. Addi- • Dockominium, a water-based version
tionally, such properties benefit from having restrictions • Housing cooperative
that maintain and enhance value, providing control over • Canadian Condominium Institute
blight that plagues some neighborhoods. Major American • Community Associations Institute
cities, including Miami, San Francisco, Chicago, New York
City, Los Angeles, and Washington D.C., have abundant References
condominium development.
In recent years, the residential condominium indus- [1] [1]
try has been booming in all of the major metropolitan [2] "Understanding the Government of a Community
Association". Kaman & Cusimano.
6
From Wikipedia, the free encyclopedia Condominium
http://www.ohiocondolaw.com/articles/ boligmarked - udvikling i boligforsyning og
governance_community_assn.htm. Retrieved 24 boligønsker" (pdf). http://www.sbi.dk/download/
July 2011. pdf/det_danske_boligmarked.pdf. Retrieved
[3] "Community title schemes". ACT Planning and Land 2009-10-12.
Authority. ACT Planning and Land Authority’s [10] House of Commons of the United Kingdom,
(ACTPLA) website. http://www.actpla.act.gov.au/ Michael Wills Written Questions, 9 June 2009 col.
topics/design_build/begin_project/ 792W Commonhold
community_titles. [11] Landes, David (11 November 2008). "Owner-
[4] ^ "Condominium Buyers Guide ISBN occupied flats coming to Sweden". The Local.
0-662-33517-1". Canadian Mortgage and Housing http://www.thelocal.se/15600/20081111/.
Corporation]. http://www.cmhc-schl.gc.ca/odpub/ [12] "Få ägarlägenheter i nyproduktion, korrigerad
pdf/63100.pdf. Retrieved 2011-02-26. 2010-10-26" (in Swedish) (Press release). Statistiska
[5] "Highrise condo a Canadian first". Ottawa Sun Sun Centralbyrån. 6 May 2010. http://www.scb.se/
Media. http://www.ottawasun.com/news/ottawa/ Pages/PressRelease____292864.aspx.
2009/08/10/10419716.html. Retrieved 2011-02-26. [13] Poliakoff, G: Law of Condominium Operations, §1.2.
[6] "Condominium Act, 1998, S.O. 1998, c. 19". Queen’s 2009.
Printer for Ontario. Version in force as of access [14] Condominium Development Guide (published by
date. http://www.canlii.org/en/on/laws/stat/ Warren, Gorham & Lamont)
so-1998-c-19/latest/so-1998-c-19.html. Retrieved [15] "Reality Check: US Home Resales Firm Feb Vs Jan,
2009-10-06. Drop y/y". iMarketNews. http://imarketnews.com/
[7] In, A Comment about Condominiums, Community ?q=node/27899.
Planning and Sustainability, Forum Magazine, Dec
[8]
06/Jan 07, p. 28.
"The Condominium Property Act, 1993 being
External links
Chapter C-26.1* of the Statutes of Saskatchewan, • "Condominium homeownership in the United States:
1993". Queen’s Printer. http://www.qp.gov.sk.ca/ A selected annotated bibliography of legal sources"
documents/English/Statutes/Statutes/C26-1.pdf. • "Effects on Condominiums Markets"
Retrieved 2011-02-26. • Canadian Condominium Institute Website
[9] ^ Statens Byggeforskningsinstitut og Amternes og • Community Associations Institute Website
Kommunernes Forskningsinstitut. "Det danske
Retrieved from "http://en.wikipedia.org/w/index.php?title=Condominium&oldid=469786616"
Categories:
• Condominiums
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