Real Estate Ownership – Condominium or Fee Simple

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There is a common perception of condos as being apartment style buildings, of townhouses as two-story row homes with adjoining walls, and of garden homes as free standing houses on small lots. Unfortunately, this perception creates some confusion about real estate ownership . Apartment, townhouse and garden home describe the construction layout and design of certain homes. The word, condominium, should not be used in this context.

Condominium does not refer to a type of building or construction design. It refers to a form of ownership of real estate. Condos cannot be recognized by observing the building style.

Condominium Ownership

In a condominium, the owner has individual title to the inside space of his unit. Sometimes the space is described as beginning with the paint on the walls. The unit owners also have an undivided interest in the physical components of the buildings and land. The legal definition of condominium is: The absolute ownership of a unit based on a legal description of the airspace the unit actually occupies, plus an undivided interest in the ownership of the common elements, which are owned jointly with the other condominium unit owners.

Condo projects that are built as multi story apartments are usually recognizable as condos because they don’t have land under each unit. In these developments, the condominium association normally maintains the exterior of the building and common grounds, but not the interiors of the units. An insurance policy is usually held by the association to cover the jointly owned parts of the property, while the individual owners carry insurance for the interior components of their unit. The owners pay a fee to support the maintenance of the common areas. A condo association is formed to make decisions about the expenditures for repairs and handle administrative work to manage the common areas of the project.

While some condo projects look like lofts or apartments, others may look like duplexes, townhomes, garden homes or residences on regular lots. Generally, creating a condo regime allows the developer to get more density approved than he would if he had done single ownership lots. This is usually the reason why the condo regime is chosen over the single ownership of lots. It is possible that a condominium may just be two units of a duplex. In this case the two owners may jointly make decisions concerning maintenance of any common areas. By setting up the units of a duplex as two condos, the owner is able to sell them separately to two different owners.

Know the Rules in Condo Ownership

If you are considering purchasing a condo, it is very important to read the condo documents carefully. The rules of each condominium are specific to the development, so no assumptions should be made about their requirements. The condo documents specify what maintenance is covered by the common budget. In one case, the association may handle all exterior components, decks, pools, sidewalks, driveways, etc. In another, the documents may require that the individual owners be responsible for complete maintenance of their units, including foundations, roofs and exterior walls.

After reading your condo documents carefully, you may have questions about the division of work between the individual owners and common budget administered by the condo association. Your best option is to present your question to the condo board itself. The board can clarify how the issue has been handled in the past, or give you their interpretation of the rules. Another course of action is to ask a real estate attorney to review the documents for you. Other homeowners, Realtors or maintenance workers are not reliable or appropriate sources for the interpretation of condo documents.

The Texas purchase contract for condominiums has a provision that the buyer be given a copy of the condo documents, with a certain period of time to review them. The buyer may decline the contract with no penalty during the document review period. A resale certificate is also required to be signed by the association president or manager. This form answers questions about current budgets, special assessments, insurance, lawsuits and other matters that affect the association.

Fee Simple Ownership

In contrast to the condominium regime, you may own real estate by fee simple. Fee (from the old word, fiefdom) refers to legal rights in land, and simple means unconstrained. Fee simple ownership is the absolute and unqualified legal title to real property, including both buildings and land. This is the most commonly used type of ownership.

Know the Rules in Fee Simple Ownership

In a fee simple type of ownership, there are several possibilities with respect to the obligations of ownership:

(1) The property may not be in a subdivision at all. In this case, there will be no subdivision restrictions attached to your deed that affect your use of the property. Keep in mind that you may still be governed by city or county ordinances or zoning laws, and there may be in existence previous deed restrictions limiting your use of the property.

(2) You may be a part of a subdivision that has very minimal restrictions, no common areas, no architectural control committee and no mandatory dues. Usually these are older subdivisions.

(3) You may be in a townhome project, a garden home community, or a subdivision of homes on larger lots in which there is a legally created homeowners association. If so, each homeowner is required to be a member of the association. Many associations charge mandatory dues. The association may require a certain level of maintenance by each property owner and enforce subdivision rules. For example, you may need association approval of paint colors, fences or home remodeling.

As in the condominium form of ownership, fee simple ownership does not prescribe how developments are governed, or how maintenance is handled. For example, a townhome project, with fee simple ownership, may require the owners to fully maintain their units. Or, the townhome association may handle exterior maintenance and yard work for the owners. In subdivisions with single family homes on larger lots, it is more common for the homeowners association to manage only entrances, common grounds, parks and pools, while the individual owners maintain their own properties.

Understand Your Real Estate Ownership

Whether you are buying into a condominium regime or purchasing a fee simple property, you should have a clear understanding of the type of ownership you will have in your property.

If you are buying a condominium, you should read the condo documents carefully to understand how maintenance is divided between individual owners and the common budget.

If you are buying a fee simple property, with individual ownership of the land, you should read the deed restrictions (if any) to understand the rules that apply to your property. In fee simple ownership, there may be mandatory dues to pay for common area maintenance, or, in some cases, the dues may pay for partial maintenance of the individual properties.
If you are not clear about your ownership of a property, or have a question about your obligations as a homeowner, it would be wise to review the title documents with a real estate attorney before proceeding with your purchase. Don’t hesitate to ask questions! A clear understanding of your ownership and obligations leads to a more satisfying home purchase.

——————– Roselind Hejl, CRS, is a Realtor with Coldwell Banker United in Austin, Texas. Her website: Austin Texas Real Estate Guide offers homes for sale, search MLS, buyer and seller guides. “Let Roselind help you make your move to Austin.”

Another Price Hike For Sellers In Real Estate – More To Come

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The summer is here and sellers will be warming to the fact that July has seen another spike in house price levels across West Vancouver and Greater Vancouver in general. Yes, once again house prices have peaked, giving homeowners in West Vancouver an opportunity to make hay while the sun is shining on the real estate market.

In the month of June 2014, house prices across Greater Vancouver rose by 6.2 percent year on year. Furthermore, these figures are calculated by leaving out some of the more expensive mansions priced up in West Vancouver. So if one were to include the high-end luxury homes in the equation that figure might even be higher still.

The burning question for sellers is – has the latest bubble in the housing market reached its zenith and will we see a burst in the very near future? Is this summer a good time to sell and relocate or should a seller be holding on and wait it out to see what the market does?

The real issue with the real estate market in West Vancouver is that is does not follow the same trend as the rest of Canada. Index prices for West Vancouver detached homes has reached just over $2 million, that’s double the amount of index prices from the less opulent North Vancouver district.

It’s also worth noting that West Vancouver and British Columbia as a whole has benefited from the influx of immigration from around the world, particular Asia. It has boosted an already-vibrant economy and helped to bolster the housing market. Investors from China have helped to push up the price of luxury real estate in a way never seen before. You have to understand there’s something of a revolution in China and its economy and back in the 20th century making money behind the bamboo curtain was something exclusive only to a few Communist Party bigwigs. Now such an opportunity to become wealthy in the world’s most populous country has become easier for millions more. Much of this wealth is used on buying luxury real estate in places like California, Florida and West Vancouver.

The future is very bright is we rely on the investment of Chinese and Asian property investors and all that comes despite the tightening controls implemented by both Canadian and Chinese authorities implemented to stem to rising tide of overseas investment in Canada (and the United States) as a whole.

Dunedin Real Estate Your Dream Property Is Within Your Reach

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Sometimes referred to as the southern gem, Dunedin is the South Islands second biggest city, characterised by a unique Scottish feel and architecture imposed on it during the time of New Zealands colonisation. Surround by beaches, forests and dramatic scenery, Dunedin is noted for its youthful and charismatic population being attracted by the educational and tertiary facilities contained within. With a population of just over 125,000, the city is one of the best preserved Victorian and Edwardian cities in the Southern Hemisphere. Becoming a desired location for students, families and businesses alike, the demand for Dunedin real estate is increasing at above average rates.

According to the latest Quotable Value New Zealand figures, southern Dunedin real estate figures have surged, recording the highest percentage increase in the country. The southern region extends from Waverley to Green Island, including the suburbs of St Kilda and St Clair. The figures illustrate that the area has experienced an increase in home values by 8.7% with an average sale price of $264,000. Likewise, Dunedin overall, showed a 4.9% increase in property values with the average sale price rising to over $276,000.

The increasing prices are a direct result of increasing demand. As many of the main centres in New Zealand are experiencing continued growth in house prices and valuations, Dunedin is presenting itself to many as an attractive option. With the average house price in New Zealand just a little under $410,000, properties in Dunedin represent real value in the marketplace where many families are struggling to find suitable and affordable housing options. According to Glenda Whitehead from QV Valuations, some of the increase in market activity in Dunedin is due to a rise in purchases by existing homeowners, who realise the benefits of purchasing prime real estate at well below national averages.

There are many advantages to purchasing Dunedin real estate, apart from the scenic and natural beauty that the city is surrounded by. With the security of tenure, you will be able to enjoy the cycle of the real estate market, accessing capital gain as the property naturally appreciates. If, like most kiwis, you enjoy a little do it yourself (DIY), then additional capital gains can be achieved through renovations. There is nothing like the sense of pride that comes with homeownership. The freedom and ability to personalise your property to suit your tastes and requirements has long been an aspiration of nearly all New Zealanders. However, with the current price hikes in property prices, renting is fast becoming a reality for many who cannot afford the deposit or repayments on their first home. However, Dunedin is offering the consumer real value and choice. Why not consider a move to a new place, where the people are friendly, the amenities are first class and most of all, your dream property is within your reach.

Saket And Vasant Kunj Is South Delhis Major Real Estate Destinations

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South Delhi has two major real estate destinations that were primarily residential in nature but took on a distinctly commercial flavor recently, thanks to a large land auction in early 2000 by DDA.

Vasant Kunj and Saket were both considered premium residential areas with a large number of residential options. However, with clusters of premium retail malls developing here, both Vasant Kunj and Saket have evolved as major retail destinations. The affluent residential populace in the region has led to a high-profile positioning for the malls and a healthy rate of footfalls. Both areas are also on the Delhi-Gurgaon Metro link and are expected to see an enhancement in the number of footfalls to its retail malls.

Vasant Kunj

Vasant Kunj has always been an indemand locality of South Delhi with values remaining high. It has always benefited from good infrastructure and ambience. Its proximity to the commercial hub of Gurgaon and the airport, as well as being at sniffing distance with one of South Delhi’s most affluent plotted areas -Vasant Vihar – has resulted in a sustained positive real estate outlook.

Vasant Kunj has rapidly grown as a commercial hub. With the DDA auctioning land in the area for mall development, it has also become a retail hub now. Malls like DLF’s Emporio and the Ambi Mall, under construction by Ambience Developers Pvt Ltd; Vasant Square Mall by Suncity and DLF’s Promenade or Palace, offers ample shopping options to customers. There is something for each type of buyer. Demand for office space here has also increased in the past few months. Values are either stable or have seen minor changes.

Being the upscale locality of South Delhi, property values have always been high. There has been an increase in the rate of transactions since August 2009 and values have increased by 15% since November 2009.

It is centrally located with good infrastructure and transport facilities. The commissioning of the Delhi Metro rail’s Gurgaon link will enhance its connectivity from end-January 2010. This is expected to further enhance footfalls in retail malls here. Since many malls are expected to be ready by this time, it may well compete with Gurgaon as a retail hub. Local brokers are also expecting a hike in real estate values in the future.

Saket real estate segment

Saket is the other destination in South Delhi that has rapidly evolved as a commercial hub. With a cluster of retail and office spaces coming up in the community centre area it has emerged as one of the most expensive shopping and entertainment centers of South Delhi.

Saket has a large bank of residential populace of its own, besides being in close proximity to densely populated areas like Malviya Nagar, Sheikh Sarai, etc. Therefore, malls like Select City Walk, MGF Metropolis, The Square One Mall, The Courtyard Mall, all within the same complex, have opened multiple shopping options for visitors. Investors also prefer malls compared to local shopping complexes. Rajeev Goel of Comtel Association, a local realtor, says: “Retail values have increased by 20-25% since 2008. In late 2008 and 2009, due to the economic slowdown, investors were moving out of malls. But, now, the situation has improved and retailers prefer malls to local markets. It has not only drawn visitors from South Delhi, but also NCR, like Gurgaon, Faridabad and Noida.”

An interesting result of the cluster of new retail developments is the drop in footfalls in Anupam PVR complex, both in the multiplex as well as the shopping complex.

Residential market has also improved in terms of transactions and values. Due to its proximity to Gurgaon and Faridabad, and also owing to the soon-to-open Delhi Metro station in the locality, residential real estate values have received a boost. The value of residential apartments and builder floors has risen by 15% and plot values by 15-20%. Apartment rental values have remained stable since November 2009.

Predictions Are For A Slowing Real Estate Market In Canada

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Contingent on who you question, you will find varying viewpoints on when and how the Canadian housing market will cool down from its recent meteoric climb. For instance, TD Bank economist Pascal Gauthier bluntly stated in an interview with “Globe and Mail” this month that even though housing prices will carry on increasing by 9% over the 2009 figures until the middle of 2011, they will then sharply fall — possibly as low as 2.7 percent. But economist Sal Guatieri of BMO Capital Markets is somewhat hopeful, telling “The Montreal Gazette” that the overvaluation that resulted in the real estate bubble will just affect large cities, and should not bring about the kind of nationwide collapse anticipated in the US market. However they both agree that the Canadian housing sector will need to cool down, but just how soon it will take place and how quickly it will fall is the question still up for debate.

Guatieri indicated that the price for a family residence should be “about four or five times income,” however the current market in Toronto and Vancouver is closing in around $700,000, which averages 10 times the earnings of the home owner. Even though TD Bank had at first forecast 1.6% gains in 2011, this kind of real estate hyper inflation in the middle of economic recovery has in fact compromised the market, and they are already seeing the signs of cooling this year derived from the surge of new housing starts and new listings. places like Mississauga are still seeing an escalation in new Mississauga condominiums but sales could start to cool.

In their discussion with “The Vancouver Sun,” TD admitted that their forecasts have been off in the past, because their late 2009 forecast did not anticipate the rise in first quarter sales for that year that was an unpredicted “move by buyers and sellers to pre-empt regulatory and interest-rate changes”. The looming harmonized sales tax due to take effect in July in Ontario and British Columbia definitely impacted markets in those provinces. In expectation of this July time limit, the Bank of Canada has now declared its intention to lift their overnight target rate by July to counterbalance the recent record breaking low rate of 0.25 percent. Higher borrowing costs should act on cottage country with deduced values for places such as Wasaga Beach real estate and this could constitute an opportunity for buyers.

As family incomes catch up with the level of inflation — a whopping 8 percent over the past 8 years — TD predicts that overvalued housing prices will continue to fall from 15 to 10 percent by the end of next year. This is bolstered by a decline in MLS sales, that as well includes Toronto MLS listings, over the last 6 months that the Canadian Real Estate Association has observed. But everyone can spot signs that the whole housing market has been affected by the high percentage of boosted values in the cities — how far this influence will spread is the primary question.

Gauthier describes his forecasts are a consequence of the “stronger supply response,” and that the “market balance is now expected to be somewhat softer next year, consistent with market conditions more favourable to potential buyers and a mild depreciation in home values”. But Guatieri thinks the approaching slow down period does not automatically mean that housing prices will indeed fall, however predicts it as a gentle adjustment after the recent surge. One fact both Guatieri and Gauthier do foresee on the horizon, though, is that regardless of when it strikes, the calming trend will not last forever, and inside of 3 years the average real estate price in the country should find a equilibrium and return to its fair market value.