The pros and cons of buying a condo
To some the opportunity to live in a condominium apartment seems the ideal way to avoid many of the headaches associated with owning a house.
The burden of dealing with many of the arduous chores that go hand in hand with property ownership, such as the repair and redecoration of the exterior of the building, maintenance of the garden and grounds, and the renewal of the buildings insurance, are shifted onto the landlord.
A tenant in a condominium apartment is after all, only directly responsible for maintaining the interior of his own apartment.
For others the lack of privacy and freedom associated with condominium living make this a less attractive option. Noise can also be a problem.
Then there are the rather onerous restrictions set out in both the lease and in the additional rules and regulations normally produced by landlord companies. While these restrictions, rules and regulations are ultimately intended to protect all of the tenants and to maintain acceptable standards within the development as a whole, they can still put people off.
There is also the ongoing contribution towards maintenance expenses that can become increasingly burdensome especially as the buildings that comprise the development age and require more upkeep.
For a person wishing to acquire a condominium, it is worth following some simple guidelines before completing a purchase.
Have the buildings on the development surveyed to the extent that this is possible. Watch out for any large imminent maintenance costs, especially costs associated with roof and other structural repairs. Remember that as an apartment owner, you will be contributing to the costs of any such works. Therefore it is a good idea to confirm whether or not there is a reserve fund (sometimes called a sinking fund) put aside every year to cover excessive costs of this nature as and when they arise.
Check the lease carefully and ask about anything that you are unsure of. For example, make sure that the rent and maintenance provisions are acceptable and that you will be contributing a fair and reasonable share of the overall cost of maintaining the development.
Understand the basis upon which the landlord can increase the maintenance charges. Ask for copies of the last three years' maintenance accounts. These will show you the extent to which charges have increased over the years and any trends or patterns in the sums levied.
Ask for a copy of the buildings insurance. Make sure that in the event of a catastrophe the lease obligates the landlord to reinstate the building within a reasonable period of time. Check any exclusion contained in the insurance policy and make sure that it is reasonable.
Talk to the current tenants and find out if the landlord is complying with their obligation to maintain the development and keep the buildings in good repair, because you may find your apartment depreciating in value if the development takes on a general air of neglect.
Ask the landlord if any of the other apartments are empty or if any of the other tenants are in arrears with their maintenance contributions.
If the landlord is not collecting enough money from other tenants, the landlord is unlikely to be able to afford the upkeep of the development and it may be forced to increase the burden on other apartment owners (including yourself) or to spend less on upkeep.
Remember that a leasehold property is a depreciating asset.
By way of example, a lease with less than 60 years to run is not a good investment. In fact, if you require financing, in order to complete your purchase, your lender is unlikely to advance funds on the basis of such a short term. Further a short term lease translates into very little value to pass on to your children.
Finally check whether there is an active residents association. If there is such an association and you want to have some say in what is happening in your development, then it is worthwhile taking part in the association's meetings.
In most cases the control of the landlord company will have been transferred to the various apartment owners in any event and you will receive a share or shares in the landlord company when you purchase your apartment. This will allow you to participate in the management of the development with the other owners and to vote on issues of concern to you.
Do not be afraid to ask your lawyer to make these inquiries on your behalf.
Ensure that the lease is properly explained to you and that you understand your rights and obligations as tenant. That way you are less likely to receive any nasty shocks once you have moved into your new home.
Attorney Scott Swainson is Manager of the Property Department at Appleby Spurling & Kempe. Copies of Mr. Swainson's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.
This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.