Chapter 25 Flashcards
Common interest
The percentage of undivided interest in the common elements of a building appertaining to each apartment in a condominium.
Common element
Under condominium ownership, the land and all parts of the building normally used by all of the owners for their mutual convenience of safety.
Declaration
To make known openly and in definite terms; that which, along with by-laws, defines the rules by which a condominium will exist.
Proprietary Lease
A lease in a cooperative apartment between the owner-corporation and the tenant-stockholder.
Condominium
-exclusive ownership
-comply with requirements of declaration, bylaws, and house rules
-individual deed or lease
-separately assessed for taxes
-home exemption
-title insurance
Public Report
Document prepared by developer used to give full disclosure to a prospective purchaser of all material facts.
Purchaser of condo right of rescission:
Midnight of thirtieth day.
Condominium conversion
Process of transforming an income producing property, such as a rental apartment building, into a condominium.
Co-op
Form of ownership whereby title to the property is taken in the name of a corporation that is generally created expressly for this purpose.
-fee simple or leased land
Timeshare
A purchaser buys the use or ownership of a resort accommodation for a certain period each year for a specified number of years.
Ownership Interest (timeshares)
A buyer owns a fractional interest in the development and has equity.
-title through deed
-title insurance
-can deduct from income taxes a pro-rata share of property taxes and mortgage interest.
- Tenancy in common
-deed
-specific period of time which is established by way of a special agreement - Interval ownership
-“estate for years”
-owns and has title
Right to Use (timeshares)
Lease agreement in which buyer has the right to occupy the unit for a specified number of weeks for a certain term (typically 20-40 years).
At the end ownership reverts back to the developer.
- Vacation License
-non-ownership time sharing usually involving an operating hotel. Right to sell but not rent or loan. - Vacation Lease
-non-ownership where purchaser buys lease. Right to sub-lease or transfer interest.
3 Club Membership
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Planned Development Housing
Specific type of housing and zoning being used as a means of utilizing the states small amount of land as efficiently as possible.
Ownership is different than condos.
-Unit is the lot, therefore owners own the land beneath their houses
-No direct interest in common areas
-community association is In corporate form
-PD-H is created by covenants in the deed or master lease