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Questions and Answers
What must be shown for a partition by sale of an entire condominium project to be granted?
What must be shown for a partition by sale of an entire condominium project to be granted?
- Damage must render one-half or more of the units untenantable. (correct)
- The entire project must be in existence for at least twenty-five years.
- All owners must agree to the partition without opposition.
- The project must have been repaired within one year after damage.
Which statement correctly describes the treatment of common areas in condominiums?
Which statement correctly describes the treatment of common areas in condominiums?
- Common areas can be partitioned judicially at any time.
- All common area improvements require unanimous consent from unit owners.
- Common areas can be sold independently by unit owners.
- Common areas must remain undivided unless otherwise dictated. (correct)
Under what condition can a partition be sought if a project has suffered damage?
Under what condition can a partition be sought if a project has suffered damage?
- If less than thirty percent of the owners oppose repair.
- If it has been three years without substantial repairs post-damage. (correct)
- If the project is considered economically viable.
- If the project has been deemed architecturally significant.
What is the minimum percentage of interest owners must hold in the common areas to oppose repair or restoration in case of damage?
What is the minimum percentage of interest owners must hold in the common areas to oppose repair or restoration in case of damage?
What provision allows for a partition of condominium properties based on the age of the project?
What provision allows for a partition of condominium properties based on the age of the project?
What rights does a holder have concerning property purchase in a condominium situation?
What rights does a holder have concerning property purchase in a condominium situation?
When can one or more owners initiate a partition action for a condominium project?
When can one or more owners initiate a partition action for a condominium project?
What is required to determine if a project can be partitioned when most of its units are untenantable?
What is required to determine if a project can be partitioned when most of its units are untenantable?
What can a condominium owner do to remove their unit from a lien against multiple condominiums?
What can a condominium owner do to remove their unit from a lien against multiple condominiums?
How is the beneficial interest in personal property held by the management body shared among condominium owners?
How is the beneficial interest in personal property held by the management body shared among condominium owners?
What might a court do if the conditions for partition of a condominium project are not met?
What might a court do if the conditions for partition of a condominium project are not met?
What is the presumption regarding any deed, declaration, or plan for a condominium project?
What is the presumption regarding any deed, declaration, or plan for a condominium project?
What happens to a transferee upon the transfer of a condominium unit?
What happens to a transferee upon the transfer of a condominium unit?
In case of expropriation of a part of a condominium project, what may a condominium owner be entitled to?
In case of expropriation of a part of a condominium project, what may a condominium owner be entitled to?
What is typically required for the management body to hold tangible and intangible personal property for condominium owners?
What is typically required for the management body to hold tangible and intangible personal property for condominium owners?
What ensures that the provisions of a condominium deed can be independently interpreted?
What ensures that the provisions of a condominium deed can be independently interpreted?
What best describes the concept of 'common areas' in a condominium project?
What best describes the concept of 'common areas' in a condominium project?
What is the main purpose of the Master Deed in a condominium agreement?
What is the main purpose of the Master Deed in a condominium agreement?
Which of the following best represents the exclusive rights of unit owners within a condominium?
Which of the following best represents the exclusive rights of unit owners within a condominium?
What does the right of first refusal typically allow a condominium association to do?
What does the right of first refusal typically allow a condominium association to do?
In the context of partition of condominium properties, what does 'to divide' real property imply?
In the context of partition of condominium properties, what does 'to divide' real property imply?
Which of the following statements about easements in condominiums is true?
Which of the following statements about easements in condominiums is true?
How can unit owners exercise their rights as described in the condominium act?
How can unit owners exercise their rights as described in the condominium act?
What is a common misunderstanding about common area rights in a condominium?
What is a common misunderstanding about common area rights in a condominium?
Study Notes
Condominium Ownership and Rights
- Holders have the right to refuse property purchase under specific conditions as outlined in Section 7.
- Common areas in a condominium project remain undivided, with no judicial partition allowed except as specified in subsequent sections.
Action for Partition
- Condominium owners may initiate an action for partition by sale if they own the project proportionally to their interests in common areas.
- Conditions for partition include:
- Project has not been repaired after three years of being rendered unfit due to damage.
- More than half of the units are untenantable, and over 30% of owners oppose repairs.
- Project exceeds fifty years in existence, deemed obsolete, and over 50% of owners oppose renovations.
Duration and Liens on Condominiums
- Condominiums do not have a set duration of 50 years; owners may remove their unit from a lien by paying their share attributable to the unit.
- The management body may acquire and manage personal property for condominium owners, with ownership proportional to their interests in the common areas.
Court Actions on Condominiums
- In case of partition or dissolution due to condemnation, courts may reorganize the project and establish owner rights and compensations.
- The Register of Deeds must annotate relevant decrees on the property title.
Legislative Definitions and Declarations
- "Condominium" refers to independently owned units within a project.
- "Unit" can include various independent spaces intended for different uses, possibly spanning multiple floors.
- "Project" encompasses the entire real property to be divided into condominiums, including all structures.
- "Common areas" represent the entire project excluding separately owned units.
- Real property division involves conveying condominiums without transferring full ownership of the entire property.
Master Deed Requirements
- A Master Deed must be recorded to establish condominium properties, including:
- Detailed land description.
- Structural description of buildings including unit count and accessories.
- Description of common areas and facilities.
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Description
Test your understanding of condominium ownership and rights, focusing on the specific regulations regarding property purchase refusals and common area management. Additionally, explore the process and conditions for partition actions among condominium owners.
