Condominiums: Not first choice for developers - Saul Feldman

When I first started practicing condominium law, there were few condominiums and few condominium lawyers. Today there are many condominiums and many condominium lawyers.

It has occurred to me and other condominium lawyers that the condominium form of ownership should be used only when the local municipality will not allow the land to be developed as a subdivision or when zoning laws do not otherwise allow for development.

The creation of a condominium subjects the land to restrictions and to control by the condominium association.

The condominium form of ownership comes with complexities in many areas – such as restoration after casualties, insurance issues, and governance issues including voting, record keeping, meetings, condominium liens, and turnover to the unit owners. In addition, when a condominium is created there may be issues regarding phasing and tiering (i.e. whether to use a single or multiple condominiums).

There may be reasons, of course, to have a set of restrictions recorded to cover an entire subdivision. This does not require a condominium: rather a declaration of covenants, conditions and restrictions, commonly called a DCC and R may be recorded.

Even though I consider myself a condominium aficionado, I believe that condominiums should not be the first choice for developers. I am old enough to remember a time before 1963 when there was no condominium statute, but there were lots of subdivisions.

Saul Feldman is practicing condominium lawyer with Feldman & Kozeli, P.C., Boston, Mass.