{"id":167,"date":"2010-06-24T15:43:05","date_gmt":"2010-06-24T15:43:05","guid":{"rendered":"http:\/\/blog.topbev.com\/?p=167"},"modified":"2010-06-24T15:43:05","modified_gmt":"2010-06-24T15:43:05","slug":"condominium-due-diligence-our-professional-responsibilities","status":"publish","type":"post","link":"https:\/\/blog.topbev.com\/?p=167","title":{"rendered":"Condominium Due Diligence&#8211;Our Professional Responsibilities"},"content":{"rendered":"<p>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.\u00a0 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 &#8220;do not keep minutes of their meetings.&#8221; 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 &#8220;red flag&#8221; for me, the attorney tying to protect my client who is considering a Condominium purchase.<\/p>\n<p>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.\u00a0 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.<\/p>\n<p>At Topkins &amp; Bevans, we pride ourselves on giving responsible representation to Buyers.\u00a0 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.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 Those leaks through ceilings and walls can be plastered and painted over. The causes of the &hellip; <a href=\"https:\/\/blog.topbev.com\/?p=167\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Condominium Due Diligence&#8211;Our Professional Responsibilities<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":""},"categories":[144],"tags":[9,71,60,6,107,108],"class_list":["post-167","post","type-post","status-publish","format-standard","hentry","category-condominium","tag-assessments","tag-condominium-trustees","tag-condominiums","tag-due-diligence","tag-minutes-of-trustees","tag-review"],"jetpack_featured_media_url":"","jetpack-related-posts":[{"id":152,"url":"https:\/\/blog.topbev.com\/?p=152","url_meta":{"origin":167,"position":0},"title":"Review of Condominium Financial Statements and Operations&#8211;Some Guiding Principles","date":"June 23, 2010","format":false,"excerpt":"One of the functions of an attorney representing a Buyer of a Condominium is to review the financial statements and operations\u00a0of 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\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":365,"url":"https:\/\/blog.topbev.com\/?p=365","url_meta":{"origin":167,"position":1},"title":"Together We REALLY Can&#8211;The Combined Enterprise of the Buyer&#8217;s Agent and the Buyer&#8217;s Attorney in Condominium Purchases","date":"July 9, 2010","format":false,"excerpt":"While there has been a marked increase in both new and conversion condominiums in Massachusetts, where I practice real estate law,and most other jurisdictions in ActiveRain nation, it is my sense that many people get involved in a condominium purchase without any real understanding of what they are getting into\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":355,"url":"https:\/\/blog.topbev.com\/?p=355","url_meta":{"origin":167,"position":2},"title":"Condominium Trustee Meeting Minutes&#8211;Important Information Often Neglected","date":"July 9, 2010","format":false,"excerpt":"The problem is this. Many condominiums are frightfully mismanaged. Nobody wants to serve as a Trustee, and so the people who do serve are either megalomaniacs or people who don't have much business savvy, but have a lot of time on their hands. Meetings of Trustees are poorly attended. A\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":142,"url":"https:\/\/blog.topbev.com\/?p=142","url_meta":{"origin":167,"position":3},"title":"Knock on that Door!!!! A Proven Approach to Condominium Due Diligence","date":"June 23, 2010","format":false,"excerpt":"Over the years, I have represented many people who have purchased Condominiums. I have become familiar with many \"due diligence\"\u00a0procedures, including examining\u00a0the Master Deed. By-Laws and even Minutes of Trustees in those rare instances where the Condominium operates within\u00a0preferred standards of governance. For your information, I intend to direct\u00a0the identification\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":264,"url":"https:\/\/blog.topbev.com\/?p=264","url_meta":{"origin":167,"position":4},"title":"Massachusetts Condominiums Should have Websites&#8211;It outta be the Law","date":"June 30, 2010","format":false,"excerpt":"Condominiums in Boston, Massachusetts and surrounding towns come in all shapes and sizes. There are a plethora of 2 and 3 Unit condominiums, former personal\u00a0properties where the owner usually lived in one of the apartments, and rented out the other apartments to family or third parties. These \"Mom and Pop\"\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":144,"url":"https:\/\/blog.topbev.com\/?p=144","url_meta":{"origin":167,"position":5},"title":"Condominium Operations&#8211;It&#8217;s Time for a Change","date":"June 23, 2010","format":false,"excerpt":"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\u00a0closed literally thousands of mortgage loans, which involved either Condominium purchases or refinancing. I have also represented Buyers and Sellers of Condominium Units of\u2026","rel":"","context":"In &quot;Condominium&quot;","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/167","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=167"}],"version-history":[{"count":2,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/167\/revisions"}],"predecessor-version":[{"id":688,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=\/wp\/v2\/posts\/167\/revisions\/688"}],"wp:attachment":[{"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=167"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.topbev.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}