3. How is a Condominium Created?

ANSWER: A condominium is created by the recording of a Declaration and Survey Map and Plans.

PRACTICE TIP: At the earliest possible time both the Listing Agent and Selling Agent should obtain a copy of the Declaration, Survey Map and Plans. A review of these documents will answer the following critical questions:

a. Does the condominium permit subleasing of units? (Declaration)

b. Does the condominium permit pets? (Declaration)

c. Does the condominium permit some form of in-home business activity? (Declaration)

d. Are specific parking spaces and storage areas allocated as limited common elements to a given condominium? (Survey)

e. In the case of a newer condominium, whether the Declarant reserves the right to add improvements or develop other condominiums at the site. (Survey)