Category Archives: Condominium

Condominium Due Diligence–Our Professional Responsibilities

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The stormy winter we have experienced needs to be factored in when purchasing a condominium unit. Roofs and other systems have been under a considerable amount of strain, and according to casualty insurance statistics, claims are at record levels.  Those leaks through ceilings and walls can be plastered and painted over. The causes of the problems, however, are being addressed by Condominium associations and the results may well be future special assessments. I am continually told by Sellers that the Condominium Trustees “do not keep minutes of their meetings.” This is distressing on two levels (1) is it a short-hand way of saying the Trustees really never meet? or (2) are there matters which are being discussed which can have potential financial impact to the Unit Owners, which the Trustees would rather keep to themselves? In either circumstance, this type of response raises a “red flag” for me, the attorney tying to protect my client who is considering a Condominium purchase.

More than at any time, the present state of Condominium governance places a responsibility on us as real estate professionals to ask questions and probe.  Ask the Management Company or a member of the Condominium Board of Trustees whether the Condominium is planning an assessment for a new roof or extensive system repairs. If there are assessments coming, try to negotiate with your Seller to pay some ,or even all, of planned assessments. Speak to other unit owners. Find out what they know.

At Topkins & Bevans, we pride ourselves on giving responsible representation to Buyers.  We review (1) Condominium documents, (2) minutes of the Trustee meetings and (3) recent budgets. and financial statements. We poke holes in these documents, where necessary. We direct question to the Management Company, the Trustees and the Seller so that when the Buyer moves forward, he or she is apprised of the animal he or she is dealing with. Sometimes, our Buyers move forward even though we have warned them of the pitfalls associated with their purchase. That is their choice, but at least we have permitted them to make an informed decision.

Review of Condominium Financial Statements and Operations–Some Guiding Principles

Condominium, trusts, ,

One of the functions of an attorney representing a Buyer of a Condominium is to review the financial statements and operations of the Condominium, as well as the constituent condominium documents such as the Master Deed and the Condominium Declaration of Trust. In a future post, I will delineate what I look for in the Condominium Documents. This post, however, concerns the important information which can be gleaned by doing a careful review of the Condominium Financial Reports,  and Minutes of Trustees, and asking some questions of the Condominium Trustees, either directly or through the Selling Agent or Buyer’s Agent, as the case may be.

        1. Condominium Statement of Operations

                          a.  Look at ALL of the captions, especially Repairs. Do the Repair costs seem high? If they are more than a few hundred dollars, more information is needed.  Is the Condominium “patching” where they should be making capital improvements? Will the new Buyer be required to pay for prior problems? Higher than normal Repair costs can tell you about how carefully the Condominium has been managed. See if the Condominium has a caption for “Accounting” and “Legal”. If there is none, that may be a danger sign. The Trustees may be “winging it” on decisions where they need professional guidance.

                    b.  See whether the income received represents payment in full from all units for the entire year. If that number does not compute, there are almost always delinquencies for common area fees. Massachusetts Condominium law ( and most other jurisdictions, too) gives the Trustees broad powers to start litigation for common area fees. The cost of same, including attorneys fees, is to be borne by the delinquent Unit Owner. If there are delinquencies, it may mean that the Trustees, for one reason or another, are not making real efforts to collect what is due from their neighbors. That is a danger sign for a potential Buyer, and could signal problems down the road.

                    c. If possible, obtain Financial Statements for more than one year. Carefully analyze the receipts section. If the number is consistently on the rise, it means that the Trustees are constantly raising the common area fee. Find out what the reason for that has been. If there is a pattern of loose or sloppy management, it may manifest itself in continuing increases in the common area fee.

     2. Condominium Balance Sheet

                             a. Look for how much is in the Reserve Account. While many Condominiums have taken a “pay as you go” approach to improvements, make sure that a Reserve Account is, at least,  in existence. In most states, Trustees are required to maintain an Operating Account and a Reserve Account. If there is no Reserve Account at all, the Trustees are not adhering to their statutory responsibilities. Perhaps, they are not adhering to other provisions of the Condominium law, as well.

                              b. See if there are any Accounts Receivable on the Balance Sheet. If there are, they are more than likely from delinquent Unit owners. Inquire as to the status of collection efforts. If they have not begun, that is a red flag for poor Condominium Management.

The other thing I always ask to see are Minutes of the Trustees for at least the prior Eighteen (18) months. If none exist, or if the Trustees do not regularly meet, there may be problems. I try to ask why.  If there are Minutes, i look at them for any indication that a Special Assessment may be coming. This can be an unpleasant surprise for my client, and when I know a Special Assessment is “right around the Corner”, I can sometimes request that the Seller bear some of the cost thereof. Depending on whether the Special Assessment is forward (something new that really is not the Seller’s issue) or backward (a repair of a roof or other important constituent common area part) I have had some success in requests for contribution.

Condominium Operations–It’s Time for a Change

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Over the years, I have had many opportunities to become part of the Condominium process. I have drafted Condominium Documents, both conversions and new projects. I have closed literally thousands of mortgage loans, which involved either Condominium purchases or refinancing. I have also represented Buyers and Sellers of Condominium Units of all shapes and sizes. Based on my experiences, the following changes need to be implemented in Condominium operations, and we, as real estate professionals, need to be leading the way through our Boards and Legislative contacts to effect the following:

1. Condominiums Should be Required to file Annual Reports with the Secretary of State.     Most Condominiums do not keep current the names of the Trustees for the Condominium. I have, on many occasions, received 6(d) Certificates executed by individuals who are not the Trustees of record. In their Annual Report, the Condominium would be required to name the current Trustees, and affirm that the requisite filings have been made at the appropriate Registry of Deeds.

 2. Condominiums with Six (6) or more units Should be Required to produce, and keep current, Condominium websites. There is much too much inefficiency involved when a Condominium Unit owner attempts to sell his or her Unit. At the very least, the Condominium website will contain the following sections:

          a. Floors plan for each Unit. These are on record at the Registry of Deeds, but they are relatively easy to replicate on a website.

          b. A set of CURRENT Condominium Documents. Put them on the website as they exist at the Registry of Deeds, including all amendments. If nothing else, this will save the many trees which are killed to copy sets of Condominium Master Deeds and Declarations of Trust. The Buyer’s attorney can do his or her review of the Documents from the website. So can the Lender or the closing agent. Everyone wins, except Staples.

          c. The name of the current Management Company,if one exists, along with telephone number and email address of the contact person. Someone needs to be in charge of providing financial information to the putative Buyer. The website can designate that person.

          d. The website will contain a “ready to print” form of 6(d) Certificate. It is an outrage for a Seller to be required to pay $50 or $100 to the Management Company to deliver a 6(d) Certificate. It should be able to be printed out, at any time, and ready for Trustee(s) signature.

3. Condominiums Need to do a Review of their Documents, at least once every five(5) years. There are some very old documents in place, which are not responsive to modern Condominium living.  Rights of first refusal were in vogue in the 1970’s and 1980’s. What real purpose do they serve now? Some descriptions of common areas are prolix. Many lenders are requiring Condominiums to have arbitration provisions with regard to disputes. Older documents rarely, if ever, contain arbitration provisions.

4. Condominium Trustees need to be more vigilant in terms of collecting Delinquent Common Area fees. There is a statute in place which gives the Condominium Trustees broad powers to collect delinquent fees. Many of us in the Massachusetts Bar fought long and hard to have this provision enacted after some Condominiums in the late 1980’s and early 1990’s went bankrupt under the crush of non-paying Unit owners. We are in a difficult economy at present. That does not excuse non-payment of Common Area fees. Many Trustees are totally unaware of their rights to collect these fees. In case my readers do not know, the Trustees can commence a collection action, charge the Unit owner, in full, for attorneys fees and the obtain a judgement which will permit the Condominium to foreclose on the Unit, with rights ahead of even the First, and other,Mortgagees. That being the case, it has been my experience that as soon as this collection action is commenced by the Trustees, the Mortgagee(s0) steps in and makes the Unit current on its Condominium Fees. It should be a requirement in the Condominium Statute that the Trustees commence an action at any time a Unit is two months behind in paying common area fees.

The ideas set forth herein are not new, but they need to be acted upon. The current, inefficient way that Condominiums are being operated limits our opprotunities as real estate professionals. I would welcome any further suggestins any of you may have. I live with these probelms every day, and,probably, so do you.

Knock on that Door!!!! A Proven Approach to Condominium Due Diligence

Condominium

Over the years, I have represented many people who have purchased Condominiums. I have become familiar with many “due diligence” procedures, including examining the Master Deed. By-Laws and even Minutes of Trustees in those rare instances where the Condominium operates within preferred standards of governance. For your information, I intend to direct the identification of, and solutions for, many current abuses and shortcomings of Condominium governance in future posts.

Having described above some ways for an attorney to help a putative Condominium purchaser, I must fall back on the most successful measure I have seen to make the Condominium purchaser understand what he or she is buying, the good old-fashioned “knock on the door”.

Anyone who purchases an existing Condominium without one (or more) “door knocks” is walking into an uncharted situation which can often lead to financial loss and emotional misery. What do I mean by the “door knock” you ask.

The door knock is that step the Buyer takes to find out what it is really like to live at Dreamhoue Condominium. You knock on the door of a neighbor in the building, introduce yourself as a potential Buyer, and then you rattle off these questions (there are probably manyI have missed, and maybe my readers will fill these in for me in comments): 

            1. What is it like to live here? Do my neighbors respect my rights?

            2. Are the neighbors friendly? Do you know them? Could you trust them with your child, your dog, your goldfish?

            3. What do you do when there is a power outage? A noisy sterro? A howling dog?

            4. Are you being kept informed by the Trustees of impending assessments, or plans for improvements? Are there reserves set aside for future contingencies?

            5. Do you feel that Condominium changing in any way in terms of mix of owners, or renters?

            6. Have you ever been a Trustee? Do you know if the same old group continues to manage things, year after year?

            7. When was the last time there was a common area fee increase?

            8. Do you attend Trustee’s meetings? If not, why not?

            9. Do you attend the annual meeting of Unit Owners? Is it well publicized and are you encouraged to attend?

As I indicated above, there are many more questions you, as Buyer, or even Buyer’s agent, can ask. You may say “why would these people speak with me”  You may wonder “why would these people give me accurate answers”. The plain truth is that they may be speaking with their future neighbors. If they lie, or embellsih, and they need to make eye contact with you in the hall or on the elevator, it is going to be very uncomfortable for them. My experience is that most people do tell the truth, even though it may hurt them financially. In any event, these people behind closed doors hold the key to what really happens at Dreamhouse Condominium, and they should be spoken to, and listened to,  as soon as practicable, and in any event, before you plunk down that Deposit and move forward with your purchase. If you  get answers you can live with, you almost certainly will find Condominium  ownership in that location ,or building ,pleasurable. if you do not get the answers you are seeking, move on until you find a situation where the answers meet your standards. Only then will DreamHouse Condominium provide the road to a dream and not a nightmare.

Short Sales and You

Condominium, Short Sales & Foreclosures, , , ,

Short sales are a natural outgrowth of the recession we have been living through. People have lost jobs or become ill at the same time as the equity in their homes has been eroding. They have fallen behind in their payment or payments, yet even when they make the intelligent decision to cut their losses and sell, their net proceeds will not permit them to pay the mortgages in full.

Initially, banks and other lenders did not show muc sympathy to people in this kind of quagmire. In the last few years, however, even the most rigid of lenders have realized that “short sales” ,so-called, represent a cheaper alternative than foreclosure in almost all circumstances. Therefore, short sales have achieved a level of acceptance which make them an option every time a homeowner is behind ih his or her mortgage(s).

I have had considerable experience in dealing with short sales, and I would offer the following advice to those of you, who become involved either as selling agents or buyer’s brokers in short sales:

1. Do your Homework. Obtain as much information from, and about, your Seller. You need to know not only about first mortgages, but second and sometimes third mortgages as well. Make the listing agent furnish current statements from the mortgage lenders, if you can. Ask a friendly real estate attorney to do a “current owner” search of the property. I do them all the time from my computer. Normally, they will provide excellent information on what mortgages are outstanding.

2.  Work out the possibilities of Resolution Before You get in too deep. When there are second and third mortgages, the problems escalate rapidly. If these junior positions are not getting something out of the short sale, they may balk.  Make sure the Seller has addressed this issue with the first mortgage holder. A lot of time will be wasted if the junior lienors will not move.

3. Taxes and Other Municipal Liens. In many instances, when the mortgage has not been paid, neither have the taxes and water and sewer. You will be dealing with a Seller who has no money. In certain circumsatnces, you may resolve the mortage liability but the unpaid munipal charges will make the deal not feasible for your Buyer.

4.  Common Area Fees. The same criteria which make munipcipal charges a problem can also be a problem with common area fees for a Condominium Unit purchase as a short sale. The Trustees of a Massachusetts Condominium have the power to foreclose on outstanding common area fees and sell the Unit at auction. Many Condominium Trustees are unaware of this power or unwilling to spend the time and effort to make these sales happen. Despite their sloth, the lien for common area fees still exists. Know the amount of the arrearages, and see what might be done to compromise same, so that future payments can be applied to the future, not past due arrearages.

5. Short Sale Documentation. Nothing short of an executed letter from the lender or lender is acceptable to confirm a short sale agreement. Accept no substitutes!!! Have the closing agent confirm the validity and accuracy of the executed letter before a closing is scheduled.

6. Offer and Purchase and Sale Provisions. A realtor I respect has told me she insists on the following approach, and language, when she is working with a short sale Buyer:

              a. She will put down no more than $100.00, with the Offer to Purchase or Purchase and Sale Agreement.

              b. The balance of the Buyer’s deposit will be due only upon receipt of lender written approval(s), which has/have been verified as duly authorized by the closing agent.

              c.  The period of inspection will commence only after receipt of the approval(s) described above.

              d. The Buyer’s financing contingency date shall be twenty (20) days after receipt of approvals(s). The Buyer’s financing application date shall be three (3) business days after receipt of such approval(s).

If the steps outlined above are taken, realtors can save themselves, and their Buyers, a lot of wasted effort and expense. There is nothing worse than having the belief that a short sale transaction is going through, only to find out that the proper authorizations have not been obtained from all people who have liens on the property, and a sale transaction which many people have worked hard to make happen, will fail. See my blog: www.realtorsresourceblog.com for other areas of interest

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The Josh Hutcherson Movie star Basketball Game Cheap Nike Free Run 4.0 V2 Sale returned for its third year on August eight within the coronary heart of downtown LA at L.A. RESIDE! Kicking off the weekend festivities for the Nike Basketball 3ON3 Tournament introduced by NBC4 Southern California, the Starvation Video games star and his superstar buddies hit the courtroom to lift funds and improve awareness for Joshs charity, Straight However Not Slender. 2015 nike free runs cheap womens will mark the 19th 12 months of the Nike Football Coaching Camps, the half-day instructional events has seen 1000s of promising prospects learn how to be higher athletes and gamers, and eventually go on to play college football at the highest stage and even to the NFL.
Excessive-abrasion rubber is utilized to the outsole in strategic areas like the heel or near the front the place runners are likely to push off. This helps the outsole last more and put on away with extra consistency. Other variations of the Free, such because the Free Hyperfeel, have high-abrasion rubber applied to what Nike refers to as pistons. Turn the shoe over, and you may see the pistons arranged in a sample that is designed to present a smooth, responsive feel during every stride. As of Wednesday night time, Petersons jersey was not available on Cheap Nike Free Run TR Fit Sale the NFLs official on-line store, NFLShop.com, or any Nike shops, as well as the corporates online website.
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As early as this fall, Nike planned on releasing one other iteration of the FuelBand – an excellent slimmer version – however cancelled the project. And it appears to have shelved all future physical product tasks buy nike free 4 0 V2 cheap below the Digital Sport helm, the person acquainted with the matter added. Nike is not going to, however, cease selling the second-technology FuelBand SE for now, the corporate confirmed. The Nike+ FuelBand SE stays an necessary a part of our business. Well continue to enhance the Nike+ FuelBand App, launch new METALUXE colors, and we will sell and support the Nike+ FuelBand SE for the foreseeable future, Strong stated in a comply with-up assertion given to CNET.
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In 1964, founders Invoice Bowerman and Phil Knight turned their Blue Ribbon Sports activities enterprise into the Nike we all know in the present day. With roots in the University of Oregons operating group, Knight and Bowerman launched Nike and constructed the Swoosh into a excessive-profile model synonymous with sneakers, athletic attire, and the sports activities way of life – with a little bit help from the Air Jordan
Parker would not be blamed if he had passed on Flyknit after seeing a modified tube sock, but if Nike would not wager on loopy concepts, its rivals will. Theyre like sharks, says Poser. In the event that they cease swimming, they die. Adidas, also after four years of research, launched its Primeknit line only months after Flyknits. Nike then dragged Adidas to courtroom over patent-infringement claims associated to knit Air Force 1 Boots WNS For Sale know-how. First up is the Nike+ footpod. Inside each Nike+ Sportwatch box is one footpod (you only want one per pair of footwear). The footpod lets you track pace and distance indoors on a treadmill, or outdoors in the event you select to show GPS off.
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The Nike Free Run Trainer 5.0 On Sale initiatives Knight mens nike air max 90 trainers golden/white introduced have been of little benefit to Nike air jordan 4 purple blue workers. Some have helped only a tiny minority, or else havent any relevance to Nike factories buy nike shox turbo 13 XIII online disount in any respect. The most important promise, to permit NGOs to monitor its factories and release abstract statements of that monitoring, has merely not been fulfilled. The ACLU has a controversial historical past of defending people who smoke rights men nike blazer sales online disount and free speech for tobacco companies with earmarked funds from those self same companies. We think about this to be vital info for understanding the background of ACLU coverage on this realm. We now have no information of the ACLU taking cash from Nike Inc.
Nike has rejected calls for that it ensures that Nike employees are paid a living wage-thats, a full time wage that would supply a small family with an enough weight cheap nike free run shoes for men loss buy air max tn womens shoes online clearance plan and housing and other basic necessities. Instead, the corporate has used statistics selectively and in a misleading trend to offer the false impression that wages currently paid to Nike workers are truthful and enough. Meanwhile those staff battle to survive on wages which might be barely sufficient to cowl their particular person wants, let alone those of their children. When multiple stores are chosen, objects shown might not be situated at all shops. Select an merchandise to view individual store availability.
Throughout the tense years from 1953 to 1979, the United States Military constructed and operated near 300 Nike missile firing batteries within the United States. These missile sites had been emplaced because the final line of protection in opposition to Soviet bombers. At present, a devoted group of volunteers works in partnership with the Golden Gate National Recreation Space on the continuous job of restoration at web site SF-88, which has been become a museum. This invaluable historic resource is the one restored Nike missile web site in your Cheap Nike Free Run Powerlines Womens For Sale entire nation. It is an incredible probability so that you can see the instruments of the Chilly Battle up shut.
With Nike+ trainers and a Nike + iPod Sport Kit or Sensor, your iPod nano, iPod touch, or iPhone 3GS or later will inspire you mile after mile. Rock and run Before the FuelBand, a product known as Magneto was, sale nike shox monster cheap online briefly, Nikes subsequent big thing. Youd tape magnets to your temples and then clip futuristic eyewear onto them. Perhaps we went too far with that idea, because we truly began to make it, admits international model EVP Trevor Edwards. Parker decided the product was impractical, and he killed it. At Olympia a Nike, also gilt, is set in concerning the middle of the pediment of the temple of Zeus.
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