Many communities, especially those with common areas, have experienced damage to their common areas by utility companies. Generally, damage occurs when a utility company or its contractor is burying cable or running wires on the common area. Although utility companies, in most instances, have utility easements across common areas and cannot be prohibited from usingGo to Resource
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Most condominium boards are struggling, to some extent, with delinquent common area fees, budget shortfalls, rising foreclosures and other collateral damage from the economic downturn. Many condominiums will also confront, if they haven’t already, another problem –stalled developments. Some developers who began large-scale, multi-phased projects in happier times earlier in this decade have hit anGo to Resource
In the Association context, the term “Declarant” usually refers to the developer of the community. While the project is being developed, the Declarant is responsible for the management of the Association. Also, the Declarant initially holds the voting rights and appoints the first Board of Directors. When the Declarant is finished building the community andGo to Resource
Hypothetical: Owner lives in a decades old association. Owner consistently pays assessments in a timely manner. Owner’s association needs to make a major renovation to replace siding and repair wood structures, which will cost the association approximately two million dollars. The association does not have an adequately funded reserve fund and a special assessment isGo to Resource
A private transfer fee (“PTF”) — also known as a reconveyance fee instrument — is a financial instrument where a developer adds to a covenant, a deed, or home purchase contract requiring a percentage of a home’s sale price (usually 1%) be paid every time the property is sold, typically for 99 years. To viewGo to Resource