When a developer is building several buildings that are in walking
distance and separated only by the side yards, the end result is
very likely to be considered one giant project by the people who
If the attorney for the developer is filing a separate Declaration
and bylaws each time a new building is built, you will end up with a
separate legal regime for each building. If this is what was done,
then the owners in Building A do not have any legal standing to
elect directors for administrating building B. Money collected from
people in building A for maintenance and repairs should not be used
for fixing building B.
realize that contracts can be drawn to try to overcome these issues.
The more elegant solution is to include the legal descriptions for
all the lots that might have buildings on them, figure how many
units will be in each phase and what the percentages are as it moves
forward in time. And then provide in the Declaration that
commencing construction on buildings B through “n” will, as each is
added, automatically shift the percentage interest in the common
elements and the votes.
call this approach a phased condominium. The first one I did was in
This page was written on 04190.
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