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Condo/Townhomes

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Mikew

Freshman Member
Joined
Apr 4, 2007
Professional Status
Licensed Appraiser
State
Texas
Hello everyone,

this is my first post on the forums. I apologize for the initial long post, however it was necassary to clarify the problem. I am fairly certain this question has probably been presented and resolved, however after an initial search, I was unable to find the answer. Anyway, down to the bread and butter.

I recently spent a full day working on a rush condominium appraisal for a good client of mine. The complex was originally built in 1970, however 20 years later, an architect decided to convert a storage space over to a well designed unit, that had 180 degree full view of a bayou, with twice the upgrades of any other unit in the complex. Great idea, except that is the very definition of overbuilt from an appraiser standpoint. This unit is being sold for 140k more then any other unit in our complex. Just what you like to see when you are resolving your scope of work.

Anyway, needless to say, despite the realtor having multiple clients willing to pay much more then any comparable in a 2 mile radius could prove, (This is an densely populted area of Houston, (Galleria area, just outside the loop) I was forced to cut the deal, due to the fact that true condominiums comparables, were selling for 80k less that were very similiar quality wise, and similiar views. All of this is day to day life for an appraiser, except one major problem. Realtor's, LO's, and probably quite a few appraisers do not understand the difference between condo's and townhomes in this area. I spent a full day weeding through a ton of condo "comparables" that were in fact townhomes, and attempting to explain to all parties involved the difference between the two.

Here is my problem, that hopefully can be resolved. It is quite common in our MLS system to have a townhome listed as a condo, however this is often simply an error by misinformed realtor. Using the legal description was not reliable as a source to differentiate the two, as our public tax records even seem to be confused about the legal use of these development. I was forced to calling the management company's up and confirming their use. This is a tedius, and unreliable source, as the instant you say your an appraiser the person on the other end, is trying to get off the phone with you as quickly as possible.

To give you an idea of the nightmare, it is common for a townhome to be listed as having no lot size, a legal description that describes a condo, and yet in fact is a townhome. I even found one complex that the management company said was half condo's half townhomes?!? One of the fellow appraisers in my office stated that if the legal description has a lot and block, then it is definately a townhome. I personally am skeptical of this, and would cut and paste a legal description that by all means should be a condo and is a townhome, unfortunately Vista is not allowing me to cut and paste at the moment. I thought perhaps tossing this conundrum out to the vast knowledge base here in the forums may find a resolution to the this problem. What techniques do you use?

As a side note, the loan officer later e-mailed me back saying he contacted 2 other appraisers, and one said he was nuts, and the other said she could do it.... Hardly suprising.

On last sidenote, Houston is not zoned for the most part, rather it is deed restricted. The public tax record's accuracy is minimal at best.
 
As I have posted on this forum for at least 1,100 times, a CONDO is a form of ownership not a style of archetecture. A Townhouse is a style of property as are detached homes, and at least 200+ variations of housing in the USA. You have to look at the documents in the public record. If the documents describe a condo, then it is a condo even if it looks like a townhouse. In my market we have old 1950's style motels that have been converted to condo's, apartments converted to condo's, duplex, triplex, and 4 units converted to condo's. We also have condo's where the entire condo is just 2 units, no fees, no HOA. We also have single family detached sitting on their own tract of land that are condo's. Again, a CONDO is a form of ownership, not a style of archetecture. Search the records. If the records describe a condo, then it is a condo. I realize there is no zoning in Houston. This is not a matter of zoning but of ownership. The idea that a condo has to be a unit in a high rise with ownership of air space only is archaic, outmoded, and not the reality of the times. In any document, a condo would be described as a "unit" and not by lot & block. I realize you may have not seen the many post about condo's so don't take this personal. Half the forum is probably still confused about what a condo actually is, but so is the secondary market, most lenders, and most appraisal dictionaries and referrence books.
 
Realtor's, LO's, and probably quite a few appraisers do not understand the difference between condo's and townhomes in this area.
What is the difference between condos and townhomes in your area? We have old schools, factories, 2-families, apartment buildings, etc. that have been converted to condos....heck, in the old days (80's-90's) they even built condos from scratch!!:rof:

When you say townhome (or townhouse), I think 'condo with more than one living level', but it sounds like this may not be the same in TX?
 
1) Condominium A type of ownership in real property where all of the owners own the property, common areas and buildings together, with the exception of the interior of the unit to which they have title. Often mistakenly referred to as a type of construction or development, it actually refers to the type of ownership.

2 Townhouse Dwelling unit, generally having two or more floors and attached to other similar units via party walls. Town houses are often used in planned unit developments and condominium developments, which provide for clustered or attached housing and common open space.
 
Don I appreciate the input. I did try to do a search, however the search function of this forum and I don't seem to get along for whatever reason. I agree with your definition of what a condo is, and attempted to explain this to the realtor and LO almost all day. I did define it in simpler terms though. I simply told em, you own the air inside the condo, but not the structure or the land that it rests on. The point of my waay to long post was trying to differentiate the difference between the 2 in the paperwork. Let me give you an example of the confusion that is our public record system here:

Legal description:TR 7E .25 U/D INT IN TR 7 (COMMON AREA) WESTHEIMER GARDENS
Judging from the common area , it should be a condo correct? Is this the key to confirming condo's?

Yet on the same tax record it has a lot size of 2001 SF. So it's a townhouse right?

You don't own any land with the condominium, rather the space inside the structure, so how could it have a lot? Therefore a condo shouldn't, and usually doesn't have any land in it's tax record. Yet it has style, condiminium.... For the most part the legal description theory does tend to hold up, However whats up with the land? Perhaps I am reading too much into this, but to be honest I am a bit confused by the conflicting information. Is the legal description the unequivical trump card in the decision? Thanks for the input thus far.
 
Mike.....Look at the tax records. If the assessor's parcel number assigned to the unit you are appraising has a tax assessment for the land plus a tax assessment for the improvements, it is not a condo. Lose the word "townhouse." That is a style of construction. What you mean is an attached single family residence.

In my market area, given all other things being equal, market acceptance and value for a condo and an attached SFR are equal.
 
In my market area, given all other things being equal, market acceptance and value for a condo and an attached SFR are equal.

Here too for the most part. Most (2 story attached residence)owners don't even seem to be aware if they are in a condo or not.
 
I simply told em, you own the air inside the condo, but not the structure or the land that it rests on.

You don't own any land with the condominium, rather the space inside the structure, so how could it have a lot? Therefore a condo shouldn't, and usually doesn't have any land in it's tax record.


Wrong, Wrong, Wrong! Since when do condominimums not own the land??????
Of course they own the land( except in some instances when a long term land lease is in effect i.e. indian tribal lands in Palm Springs)!!!!! All unit owners own the land collectivly and thus have an "indivisable interest" in the land and common elements.
C'mon guys we are supposed to be professionals here and if you do not know what you are doing then you should never have accepted the assingment!!!!!

I have appraised commercial office suites that are condominium ownership, 4 plexes that are condominium ownership, townhouses that are condominium ownership, 4 story queen ann's with each story that are condominium ownership, 5 story brownstones row houses with each story that are condominium ownership.
Condominimum is a legal way to hold title to real estate and has nothing whatsoever to do with the style of building.

Please do not confuse this form of ownership with Co-op's as that too is a different animal all together.
 
"C'mon guys we are supposed to be professionals here and if you do not know what you are doing then you should never have accepted the assingment!!!!!"

Fred, I don't appreciate you stating I do not know what I am doing. It seems like a personal attack to me. Anyway, so they own the land, and the structure correct? If that is the case why can't they make any changes to the structure, the common areas or the building? Why can't they tear down their unit in the condo development and build a townhome? They own it correct? I said I simplified the meaning, when I wrote the statement I knew it wasn't the technical answer. It was a simplification to help the Loan officer and Real estate agent understand that there is a Big difference between townhome and condominiums ownership. Also, it is very common in our tax records for condo's to have 0 for the lot size, because they do not have full ownership of the lot that they rest on.

" In my market area, given all other things being equal, market acceptance and value for a condo and an attached SFR are equal"

Typically this is the case for Houston as well. Normally I use 3 condo's from my development and one outside and move on. Townhouses next door are virtually identically. This was a unique case, and had I not worked on it all day I would have been a bit skeptical. I had 0 desire to cut this deal, however after working on it for an eternity and confirming the numbers I had no other option. I knew that a unit being sold for 150k more then anything in it's development was going to be viewed with a very high degree of skepticism from an underwriter. I had to make sure everything was perfect on this one. My theory on the difference is simply that land values are exceptionally high in that area +/- 300k per 5,000 sf lot, which has inflated the attached (or sometimes detached) single family residence townhouse;). I do appreciate the input thus far, it's been enlightening.
 
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Don't get thin skinned, you will get used to some who are a little harsh sometimes.

The problem you have is ..."You are in Texas!".

IN MY MARKET, it's really easy to identify a condo. The legal will say something like...UNIT 14 in Building 2, in accordance with the Condominium Declaration filed at, etc...

What you call a townhouse or townhome (we do too) will have a legal description something like...Lot 2 Block 4, etc.

Condo ownership is an undivided interest in the common area, which includes the land and the individual air space of the unit. With townhomes or townhouses, the ownership will include the land beneath the improvement...at least in my market.

Welcome to the forum!
 
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