Condominium Or Townhouse?

[Compass Rose]

First I just want to say, that in NH, a townhouse was a multi level condominium.

Now that I am in the southwest... this is what I thought: a townhouse is an attached dwelling, however, the land is owned.

Realizing that condo is a form of ownership, a townhouse condo would be an attached dwelling with common land.

I appraised an attached building as a condo, now I'm being told that it is a townhouse and I need to change my report (by tomorrow!). Public records show 0 for the lot size... The plat for the subdivision shows one parcel with the dwellings on it, totalling about 8 acres.

I have a call in to the city planning dept. but who knows if/when they'll call me back. Is there a way to determine what the form of ownership is? Deeds here don't give much info and the affidavit of value states Condo/Townhouse.

Any help appreciated!
Thanks, Linda :blink:

 

[Walter Kirk]

Does the parcel number or block and lot indicate condo ownership? If not how did you come to the conclusion that the property is a condo. If there is a fee, determine if it is a condo fee or an HOA fee. If there is a manager, check with him. Sometimes (just sometimes) there is a sign near the front of the property.

 

[Don Clark]

B) Realiz that every are of the country is different, there are two constants that we can rely on:

1. A condominium is a form of ownership

2. A townhouse is a style of archetecture

A deed should describe whether the property is a condominium as all states require condominium documents to be filed in the public record, along with the deed. And, do not be confused by whether or not the condominium fits a perceived style of archetecture. A condominium can be almost any style and still be a condominium. Here in Virginia we have at least 20 variations. We have high rise condominiums;single family detached homes on their own individual lots that are condominiums; old 1950's style motels where the rooms are now condo units; major hotels where each room is a condo unit, unknown to the public; manufactured home parks where each double wide is a condo unit; townhouses that are condo units; and even a 2 unit(duplex style) building where the two units form an entire condominium.

If there are no condominium documents, it is most likely not a condominium.

Don Clark

 

[Jo Ann Meyer Stratton]

Linda: As Don said, condo is a form of ownership and townhouse is a type of design and actually have absolutely nothing to do with each other! The planning and zoning department would not be the source for the type of ownership. Zoning is not for the purpose of determining whether you have a condo or a PUD development. It is the CC&Rs for the subject subdivision that determines the ownership rights. If there is a clause in the subdivision CC&Rs for a horizontal property regime--it is a condo complex. If there is not a horizontal property regime clause in the CC&Rs, and there is a mandatory home owner's association dues, it is a PUD. Call your client, ask them which title company is handling the escrow, then call that title company and ask them if there is or is not a horizontal property regime in the CC&Rs. Or call one of the large title companies and ask them for their ownership department, then ask them the question about horizontal property regime. Realtors use all sorts of terms trying to impress buyers and are not a good source for ownership rights. The county assessor's office uses the usage code of 07 for both condos and PUDs. They also have the usage code of 01 for PUDs. The name of the subdivision might have condo in it but if the CC&Rs don't have the horizontal property regime clause, regardless of the subdivision name, it would be a PUD and not a condo. So the only clue and source for the correct information is the subdivision's CC&Rs.

 

[Mike Garrett RAA]

I defer to the lady from the hot south!

I usually tell my students to read the legal description and since most of them are from right here in the city it works most of the time.

If there is a lot and block number it is most likely a town home. Another way of looking at town homes us....are there common walls with other units?

Condo's will have a legal something like....Unit #223, according to the Condominimum Declaration...etc.

 

[Jo Ann Meyer Stratton]

Forgot about the Maricopa County Recorder's office being on the internet. In the legal description in the assessor's records would be a "MCR number", that translates into Maricopa County Recorder number for the subdivision plat. I think you can go on the Recorder's internet site and search for the CC&Rs. Find the deed on the internet site for your subject property, the legal description would also include the MCR number.

 

[Compass Rose]

Thanks for the input.

I have looked at everything I can find on-line... deeds, affadavits, plot plans, etc.

There is no mention anywhere of horizontal property regime. I cannot find the cc&r's on line. I don't see the word condominium anywhere. The name of the subdivision does include the word townhomes (but as stated, that is the style of dwelling, not the ownership rights).

My reasoning for thinking this was a condo is that the land is owned by the homeowners association. The MCR # refers to a plot plan that shows the entire subdivision on a common parcel of 8+- acres. So is it possible that this is a townhouse with common land? Or is their lot size, the amount of land that is directly under the dwelling?

Other townhouses I have appraised have had a small lot (like 2500 sf), so I thought that was what differentiated them from condo ownership.

You guys are the best!!!

 

[Farm Gal]

Linda:

There are some townhomes in my area with zero lot lines which form a (theoretically ) perfect map of the foundation footprint. They are not condos, despite being semi-dettached, possessing a propotionate share of the common area, and being part of a HOA that maintains the common ground.

I am afraid that their need is going to have to wait until you get confirmation that you feel comfortable with from one or more reliable sources

Better to put the thing on hold and make some folks mad than to lose your license or risk censure!

 

[Tim The Enchanter]

I've seen detached condos, and attached PUDs. It all comes down to the legal from of ownership. Nada to do with architectural style, or lack thereof.

 

[Jo Ann Meyer Stratton]

Another place to check (although the subdivision CC&Rs is the most accurate source) is at http://www.HUD.gov Go to appraisers and toward the bottom (keep scrolling down) is a list of condo projects. Look for the name (in various ways) of your subject subdivision. If you don't find it there, call the ownership department of Chicago Title or Transamerica or First American, give them the MCR number and ask them about the horizontal property regime clause. There are two subdivisions that look exactly alike built side by side near 45th Ave and Glendale by Hallcraft--same floor plans, amenities, design, two story with little back yards, etc, etc, etc, (just like about a dozen other Hallcraft complexes scattered all over Phoenix). One complex is a condo because of the horizontal regime clause in the CC&Rs, the other one is a PUD because it lacks a horizontal regime. That is way the information in the CC&Rs is so important!