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Determine What Constitutes Your Master Deed. Discuss What is to be Amended at One or More Board Meetings. Appoint a Committee to Drill Down on the Details. Determine the Requirements for Approving the Amendment. Contact Counsel for Analysis and Drafting of Amendment Documents. Keep the Unit Owners Informed.
master deed. A document used by condominium developers to record the project;its division into condominium ownership;and the grant of common areas to the condominium owners. Also called the declarations, the condominium declaration, or the declaration of condominium. (Do not confuse with master's deed.)
A condominium is traditionally governed by a master deed and bylaws. The declaration will be recorded with the (recorder) of deeds in your town and county, while the bylaws, which govern the operation of the board, will typically stay within the building.
The master deed is one of the documents that transfer property to be owned by the condominium. It includes a description of the land and buildings, a description of what is the common area and what the individual owners own, a determination of percentage interest, a plot plan, and use restrictions.
Owners of condos receive a deed for their unit just like if they bought a house. They also own their unit in fee simple, which is the least restrictive form of real estate ownership recognized by law.
”In a cooperative, you may want to change the maintenance requirements, or the board of directors requirements, or the flip tax (for transferring a unit). In a condo, the association can change bylaws to address such issues as a change in voting procedures, special assessments or the term of the board.
Determine whether your HOA needs to revise its CC&Rs. Find out your state's legal process to change CC&Rs. Contact an attorney. Notify homeowners about proposed amendments to CC&Rs. Host open community meetings on CC&R changes.
In a condo, the association can change bylaws to address such issues as a change in voting procedures, special assessments or the term of the board. If several provisions of the bylaws are being considered for amendment, perhaps it's time to review the entire document, rather than approaching it piecemeal.
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