Condo Docs - CC&R

I represent a lot of first-time homebuyers. Many of my clients purchase condos or detached, single-family homes that belong to an association. If you're thinking about purchasing into a community association, reading the condo documents is important.

The purchase contract has three main due diligence contingencies: (1) disclosure statement; (2) home inspection; (3) condo documents. It's not uncommon for most buyers to focus their attention on the disclosure statement and home inspection. However, combing over the condo documents is equally necessary.

When you buy into a community association, your home is subject to the declaration of covenants, conditions, and restrictions. In summary, the CC&Rs are the association rules on what you can do. For example, can you set up your Weber grill and BBQ on your lanai? Probably not. A client once asked me this...you know who you are. CC&Rs can range from the association's pet policy, to the design requirements, to the use of the amenities.

I recently helped a client sell her investment property; it was a flip. When my client purchased the unit, we noticed the condo documents didn't have much information about repairs, maintenance, and modifications to the unit.

Prior to remodeling her unit, my client contacted the association property manager to see if she needed the board's approval.

When my client became the owner, she contacted the association property manager about the association's repairs, maintenance, and modifications policy. Upon receiving this information, my client was able to provide the association property manager and the board all the details about her remodel. This ranged from the contractor, the type of underlayment, and reserving the elevator when they brought in new appliances. More so, we were able to show the buyer that the remodel, especially the flooring, was approved by the association.

Many community associations have guidelines when it comes to repairs, maintenance, and modifications. Before you start remodeling your condo, it's important to check with the association property manager, the resident/site manager, and or the board of directors.

For further reading: Did you hear about the Kihei couple who was fined $200/day for having hardwood flooring in their condo? If not, here is The Maui News website link:

https://www.mauinews.com/news/local-news/2018/07/jury-awards-kihei-couple-1-9-million-in-disability-lawsuit/

I also found the Whites' Go Fund Me page. Reading Mrs. White's timeline of the events might catch your interest.

-Roda

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