Common Interest Communities

Question 1

What are the qualities of condomoniums?

Answer 1

Individual right over interior of unit
1/2 right over exterior walls with condo association
TiC over common areas, regulated by association

Question 2

What are the two documents that govern condominiums? How do you change them?

Answer 2

Declaration/master deed: Created by developer before first unit sold and recorded
Signed by buyer, takes a supermajority to make any changes

Bylaws are managing document Board uses to manage day to day affairs
Does not require a supermajority to change

Question 3

What is the correct test for determining whether a condominum rule found in the declaration is valid?

Answer 3

Anything in the declaration is presumptively valid unless it is arbitrary, imposes an undue burden on the use of land, or is against PP

Arbitrary” Bears no rational relationship to protection of the condo land

Undue burden: Balancing test if something in declaration is unduly burdensome relative to the benefits

Question 4

What is the rule for determining if a rule created after the declaration is established is valid?

Answer 4

Does this rule, as applied to this particular homeowner, cause unreasonable harm? It is unreasonable if there is little to no burden on the other condo owners

Question 5

Of co-ops, condos, and townhomes, which associations get away with restrictions on alienability?

Answer 5

Co-ops, because if someone defaults others have to pony up

Question 6

What are the two documents that establish a co-op?

Answer 6

Document that establishes the corporation which owns the building; individuals get share relative to proportion of unit to building, same as condo

Proprietary lease