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CookieP (Wisconsin)
Posts: 7
Posted:
Is it possible to take a condo association that is under one set of by-laws and more or less break from it, and create a new one?

Situation is that we have a building that has two addresses "A" & "B" and separate entrances. One address at each end of the 16-unit building. Is it possible to create a new condo association for Address "A" with the unanimous consent of the eight unit owners who live at address A?

Would it require the consent of the unit owners at Address B?

Could Address B retain the old condo Association by-laws and just amend them to cover the eight units that are at Address B?

Since the common area is owned by the 16 unit owners, how would we split the common area? If the addresses are different for each part of the building, could we not get the exact information from the county?

How could a second association insure half of a building and common area?

Thanks.
RogerB (Colorado)
Posts: 5,067
Posted:
Cookie asked "Is it possible to take a condo association that is under one set of by-laws and more or less break from it, and create a new one?"

It would be very difficult because it would require approval of all owners in both A & B and then only if the CC&Rs allowed dissolution of the CC&Rs. All owners of each A & B would also need to approve a new Declaration, By-laws, Incorporate. Also the common areas and current funds would be involved in the dissolution approval.

Depending on the CC&Rs it may be possible for Address B to just amend the CC&Rs to cover the eight units that are at Address B and maintain the old condo Association by-laws with minor revisions..

How could a second association insure and maintain half of a building? Probably couldn't, so I would forget about even trying
CookieP (Wisconsin)
Posts: 7
Posted:
Okay.... this is called innovative deep thinking ....Address A consisting of eight units doesn't want to have anything to do with Address B. It is comprised of rental units and unit owners. The rental units are owned by a unit owner who is trying to rent his own unit or sell it. He rents month-to-month and is very difficult.

Do you mean that unless the CC&R state that an association can be dissolved, it cannot?

If two individuals can own one half of a duplex with two addresses, and obtain insurance, why can't a building with 16 unit owners with two addresses?

PaulM (Pennsylvania)
Posts: 1,347
Posted:
CookieP: Since you state that the real problem is the rental units and the owner, are you able to actually address the real issue and find a solution?

Refer to your official CC&R documents to review what is stated about rental units. Do your documents allow a specific number of rentals out of the entire 16 units? If the number of rentals exceeds what is allowed, you may have some recourse there.

Is this a condo association? Have you reviewed your documents and applied what is stated to the problems at hand?

GloriaM (North Carolina)
Posts: 829
Posted:
Why would you want to reduce your annual income into half? Whether A or B wants nothing to do with one another they have to under your CCR's. This sounds like a can of worms not worth opening.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
In a duplex with two separate owners, each owns what is described by the deed.
In a condominium, each owner buys the right to live in a separate unit. You sell that right to live their. You do not buy nor do you sell anything else accept a share of the common property that is owned by the members of the council (owners)You may own a higher or lower apportion of the common property.
When you buy or sell you transfer this apportion with your deed. If a court declares the real property to have value, the whole shooting match can be sold, but only all of it. If you could get the court to put the whole place on the market for some justifable reason, then you could buy half of it and do another condo. I am sure this has happened because of fire or natural disasters, etc. Seems it would be better to change the reason for the problem.

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