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CONDOMINUMS -  Phased Condominiums

    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 live there.

     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.

    I 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.

    I call this approach a phased condominium.  The first one I did was in 1979.

This page was written on 04190.

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