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JoelM1 (Pennsylvania)
Posts: 61
Posted:
Can someone help me understand how these two are related?

Does the condominium act only apply to condominiums and not to a Townhouse community?

Thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
Joel,

A town home community could fall into either category (condominium or single family home). Your deed would determine how the town home is classified.

The applicability of State Statutes depends on the statute itself. Typically a condominium act would only apply to condominiums and an HOA act apply to non-condominiums. However, I've also seen some statutes that have sections of their HOA act apply to both. Typically, Associations are also incorporated. As a corporation, applicable corporate laws would also apply in addition to property laws (condo/hoa acts).

I live in a town home developement that is not considered a condominium and our Association is incorporated as a non-profit (most are). Therefore, for me, both the VA Nonstock Corporation Act and the VA Property Owners Association Act are the two main VA statutes that apply and our condominium act does not.

You can check your Mortgage paper work to determine if your town home property is considered a condominium or not. Typically, they plainly state if it's a condominium.

Hope this helps,

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Joel

Some states have different laws/rules/regulations about the form of an association.

As an examle, SC has many laws/rules/regulations about high rise, apartment style condo buildings/associations as they were the first to appear here. They have nothing about standalone home associations. Granted they tried a few years back to pass laws/rules/regulations about standalone home HOA's but it died a fast death.

Some here will try and "force fit" the condo regs to standalone homes associations to suit/agree with their views. Especially lawyers being paid to do so.....LOL

You have to work/learn withing the confines of your stae rules/regulations.

Hope this helps.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Joel

I hate the no edit feature here:

To clarify what I said:

"""""""As an examPle, SC has many laws/rules/regulations about high rise, apartment style condo buildings/associations as they were the first to appear here. They have nothing about standalone home/TOWNHOUSE associations. Granted they tried a few years back to pass laws/rules/regulations about standalone home/townhouse HOA's but it died a fast death."""""

Hope this helps.

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