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1618-4 Condo questions • Printing . . . Press [RETURN] to continue or type q to return to Menu: mhcur CONDO QUESTIONS 10/12/2003 THE MIAMI HERALD Copyright (c) 2003, The Miami Herald DATE: Sunday, October 12, 2003 EDITION: Final SECTION: New Homes PAGE: 1H LENGTH: 102 lines SOURCE/CREDIT LINE: BY MIKE SEEMUTH, humidity@aol.com CONDO QUESTIONS For first-time buyers, condominiums have advantages over single-family homes, starting with low maintenance for people who don't want to mow a lawn or clean a pool. They provide the same mortgage-interest tax deductions as single-family home ownership, they may score higher on security, and many condominiums have compact prices that first-time buyers can afford. "Fifty-one percent of all home sales in Miami-Dade County are now new or pre-owned condos, " said Ron Shuffield, president of Coral Gables-based Esslinger-Wooten-Maxwell Realtors. —We are rapidly becoming a condo community. ' ' But people preparing to purchase their first condo should be aware that when they move in they enter the legal realm of a mini-government with real power. One advantage of owning and occupying a house is independent decision making vs. the rule-by-committee reality that comes with condo community living. Each unit owner is expected to live by the rules of an association of unit owners, regarding everything from pets to sublets. So before buying a condo, it pays to review the rules and regulations, or bylaws, of the condominium association. Many communities have regulations governing the size and type of permitted pets, the kinds of holiday decorations that can be displayed, or the activities permitted in common areas. Look around before buying into a 'particular condominium. If the pool and other common areas are clean, the garbage facilities are orderly, there is adequate parking and the buildings appear in good repair, those are signs of a coimuunity that is well managed. If possible, ask some of the residents what they think of the day-to-day management of the community. The operations and finances of a condominium community usually are managed by a professional management company hired by the owners' association. Ask if there have been any recent special assessments for repairs or improvements. Special assessments often are approved by condominium associations in four- and five-figure amounts. Some owners have to borrow the money to pay them. Sometimes a special assessment for a common cost, like major roof repair, is unavoidable. But a condo association that routinely approves special assessments for major repairs may not be planning its finances properly, which can cause cash flow problems for owners on a tight budget. Condo associations have no legal obligation to disclose their past special assessments, or anything else, to people interested in buying units from individual owners. But all owners have access to association records. And while they are under no legal obligation to share such records with potential buyers, they often do so to facilitate a sale. Most mortgage lenders, before agreeing to provide a loan,, require the condo association or property manager to fill out a detailed questionnaire that includes such items as the percentage of units rented, the amount of reserve funds, whether there is any litigation pending and the number of owners late in paying their assessments. If those items aren't satisfactory, lenders may refuse to provide mortgages for a particular condo. The buyer usually has to pay $75 to $100 to the association or management company to get the questionnaire completed. If the portion of investor-owned units approaches one-third of the total, the terms of a mortgage loan to buy a unit in that condominium may get more onerous, said Shuffield of Esslinger Wooten Maxwell. Some lenders won't give mortgages at all in buildings with more than 30 percent rental units. Condominium associations provide services such as garbage collection, landscaping and routine maintenance, and approve the monthly maintenance fee charged to each unit owner. Some older condominiums with minimal amenities have monthly maintenance fees below $300 - hundreds less than owners pay at many of the new high-rise condominiums in South Florida. But beware of maintenance fees that seem too good to be true. Monthly maintenance fees should cover not only routine expenses but should provide for a reserve fund for emergencies and major repairs. There should be an available schedule of anticipated repairs - and reserve funds to cover them - that does not put an additional burden on the homeowners. For first-time buyers who intend to rent their units, the condominium association's sublet policy will spell out their options. In buildings marketed as "condo hotels, " shorter rental periods, such as 30 days, are allowed. But keep in mind that sublet policies, like other policies set by the condominium association, are subject to revision. Buying a condo before it is built poses different issues. First-time buyers of condos in the preconstruction phase should check out the track record of the developer. One way to do that is to ask unaffiliated real estate sales agents about the developer's achievements and reputation. Even a reputable developer is vulnerable to falling behind schedule, though. David C. Brown is planning to buy his first condo, a 26th-floor apartment in a two-tower development called One Miami on a picturesque waterfront site bordered by Biscayne Bay and the Miami River. For him, the investment is all about location, location, location. "The mouth of the river is where Miami was born, " said Brown, 45, a historical tour operator who moved to South Florida in 10b6 from his native Connecticut. How soon it will become the birthplace of One Miami remains to be seen, however. In January, Brown signed a preconstruction purchase contract for a one-bedroom unit. But he still isn't sure how soon he'll be able to occupy the unit because construction still hadn't started as of mid-September: ' 'A.11 they've said is, two years after the groundbreaking. " FOR MORE INFORMATION Florida condo law is administered by the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes. Consumer information is at www.state.fl.us/dbpr/lsc/condominiums/information/faq.shtml KEYWORDS: TAG: 0310170396