How to determine if property is a condo

[reneeaz]

I'm appraising a property in Sun City, Arizona. The legal reads, Lot 152 and an und 1/16 int in and to tract G, Sun City Unit 46 MCR 175-17.

The lender is stating this is a condominium since there is a condominim rider attached to the deed of trust for the property and the title company says it's a condo. I don't think this is a condo since there is no horizontal property regime or declaration of condominium anywhere in the legal description.

The plat map has lot dimensions for each property. I don't know how to attach a copy of the plat map. It keeps telling me the file is too big to attach to this post.

Is there another way to determine if a property is a condo that I don't know about?

 

[David M Johnson]

Is a full legal description available or just the abbreviated version you posted. I could interpret the "an und 1/16 int in and to tract G" as an undivided 1/16 interest in and to tract G, which is a partial undefined ownership in whatever tract G would be. Did you see a plat map to help understand the legal description? Just wondering if the lot 152 would be property specific or a large lot with several properties (perhaps 16) on it. Can the lender or title company supply you with any information on legal description or what they are seeing as a condo? I've run into one attached house that was a single family ownership, but the PUD documents ended up requiring the owners to have renter's insurance, not home owner's insurance, and the lender required it to be on a condo form after all. I don't think you've got enough information to make a clear decision, but I'm from Illinois and local customs may hinder the interpretation of the legal description. Good Luck

 

[reneeaz]

The legal on the warranty deed reads:

"Lot One Hundred Fifty-Two (152) and an undivided 1/16th interest in and to Tract G, Sun City Unit Forty-Six, according to the plat of record in the office of the county recorder, Maricopa County, Arizona, in Book 175 of Maps, Page 17".

There are sixteen lots, each with their own lot number, each sharing a 1/16th interest in Tract G. Does that help at all?

 

[Couch Potato]

I'm appraising a property in Sun City, Arizona. The legal reads, Lot 152 and an und 1/16 int in and to tract G, Sun City Unit 46 MCR 175-17.

The lender is stating this is a condominium since there is a condominim rider attached to the deed of trust for the property and the title company says it's a condo. I don't think this is a condo since there is no horizontal property regime or declaration of condominium anywhere in the legal description.

The plat map has lot dimensions for each property. I don't know how to attach a copy of the plat map. It keeps telling me the file is too big to attach to this post.

Is there another way to determine if a property is a condo that I don't know about?

Sounds like a condo to me. I bet if you count, you will find 16 lots on tract G. The declaration of condominium may well be something that covers tract A, tract B, tract C, tract D, tract E, tract F, etc. as well as your tract G. It is highly unlikely, though possible, the title company has it wrong.

The legal on the warranty deed reads:

"Lot One Hundred Fifty-Two (152) and an undivided 1/16th interest in and to Tract G, Sun City Unit Forty-Six, according to the plat of record in the office of the county recorder, Maricopa County, Arizona, in Book 175 of Maps, Page 17".

There are sixteen lots, each with their own lot number, each sharing a 1/16th interest in Tract G. Does that help at all?

Yes, it is unquestionably a condo.

 

[TC]

Perhaps you should go to the courthouse or talk to the president of the home-owner's.

 

[reneeaz]

Sounds like a condo to me. I bet if you count, you will find 16 lots on tract G. The declaration of condominium may well be something that covers tract A, tract B, tract C, tract D, tract E, tract F, etc. as well as your tract G. It is highly unlikely, though possible, the title company has it wrong.Yes, it is unquestionably a condo.

How it that unquestionably a condo? Would if tract G is everything around each lot and does not include each lot? I thought if there are lot dimensions on the plat map, no horizontal property regime, no declaration on condominium, then it's not a condo. The plat shows each lot with dimensions of 50'x75' and labels the areas around the lots as common area tract G. With only this information available to me, what exactly makes this a condo? What should I ask the title company for to distinguish this is a condo and the owners do not own the land under their house?

 

[Mr Rex]

A clear cry for a certain CE course.:new_smile-l:

 

[reneeaz]

Perhaps you should go to the courthouse or talk to the president of the home-owner's.

Most homeowner's out here don't understand the difference in the types of ownership. My mom lives in one of these and thinks she owns the land underneath her house, but she's not really sure.

Does anyone know what exactly I should ask the title company for to prove to me and my mom the homeowner's don't own the land under their house and its a condo.

 

[reneeaz]

A clear cry for a certain CE course.:new_smile-l:

What exactly do you mean by that....

 

[TC]

Go to the courthouse, ask the HO president, talk to the guy mowing the lawn, call a fellow appraiser that did an appraisal there recently, contact an agent/broker/Realtor that has done business there, knock on some doors, go to the township/boro office.

It's called legwork.