Condominium
Encyclopedia : C : CO : CON : Condominium
- This article refers to a form of housing. For information on the international law describing a territory in which two sovereign powers have equal rights, please see condominium (international law).
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
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| Allodial title · Fee simple |
| Life estate · Fee tail · Future interest |
| Concurrent estate · Leasehold estate |
| Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser · Torrens title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
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| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
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| Easement · Profit (real estate)>Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste (law)>Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
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Often, it consists of units in a multi-unit dwelling (i.e., an apartment or a development) where the unit is individually owned and the common areas like hallways and recreational facilities are jointly owned by all the unit owners in the building. It is possible, however, for condominiums to consist of single family dwellings: so-called "detached condominiums" where homeowners do not maintain the exteriors of the dwellings, yards, etc. or "site condominiums" where the owner has more control over the exterior appearance. These structures are preferred by some planned neighborhoods and gated communities.
A homeowners association, consisting of all the members, manages the common areas usually through a board of directors elected by the members. The same concept is also used in other countries with different names, such as "unit title", "commonhold" or tenant-owner's association. Another variation of this concept is the "time share". Condominiums may be found in both civil law and common law legal systems as it is purely a creation of statute.
Non-residential condominiums
Condominium ownership is also used, albeit less frequently, for non-residential land uses like offices, hotel rooms, retail shops, and group housing facilities like retirement homes or dormitories. The legal structure is the same, and many of the benefits are similar; for instance, a nonprofit corporation may face a lower tax liability in an office condominium than in an office rented from a taxable, for-profit company. However, the frequent turnover of commercial land uses in particular can make the inflexibility of condominium arrangements problematic.United States
An alternative form of ownership, popular in the United States but found also in other common law jurisdictions, 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 retains ownership of the land on which the building is constructed 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 undivided co-ownership where the owners own a percentage 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 tenancy with right of survivorship or a tenancy in common of common law.The first condominium law passed in the United States was passed by the Commonwealth of Puerto Rico in 1958. Common law tradition holds that real property ownership must involve land, whereas the French civil law tradition recognized condominium ownership as early as the 1804 Napoleonic Code; thus, it is notable that condominiums evolved in the United States via a Caribbean government with a hybrid common-civil legal system. Section 234 of the 1961 National Housing Act allowed the Federal Housing Authority to insure mortgages on condominiums, which led to a vast increase in the capital available for condominiums and to condominium laws in every state by 1969. Americans' first taste of condominium life came not from its largest cities but from south Florida, where developers had first imported the condominium concept from Puerto Rico and used it to sell thousands of inexpensive apartments to retirees arriving with equity earned from the urban North.
Canada - Ontario
In Ontario, condominiums are governed by the Condominium Act 1998 (revised 2001) - Ontario with each development establishing a corporation to deal with day-to-day functions (maintenance, repairs, etc...). A board is elected by units in the development on yearly basis and general meeting held yearly to deal with board elections, voting on changes to the corporation and other issues.In recent years the condo industry has been booming in Canada, with dozens of new condo towers being erected each year. Toronto is the epicentre of this boom, with 17,000 new units being sold in 2005, more than double second place Miami's 7,500 units [link]. For several years now that city's sky line has had a forest of cranes erecting new towers.
See also
References
- [Condominium Act - Ontario]
- [Condominium Living - Tips for buyers and owners]
- [Condominium Law - Database for the United States] (This site requires payment for use of their service.)
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