Category Archives: Buying

Previous Condo Owner Installed Hardwood Floors Improperly

S.B. from outside of Connecticut writes:

Dear Mister Condo,

We are having problems with our hardwood floors cupping. We just found out that our Management told the previous owner that the floors were not being properly installed and this could happen. Isn’t it the responsibility of Management to let us know of this improper installation before we purchased the unit? Shouldn’t they help pay for some of the very expensive repairs we now have? Thanks for your help.

Mister Condo replies:

S.B., I am sorry that you find yourself in this position. In my opinion, this is your problem and not anyone else’s. I assume you had the home inspected before you made the purchase. I could argue that the previous owner had a responsibility to let you know about the potential problem as a disclosure to the sale of the property but other than being an “oversight” on their part, I doubt any real estate disclosure laws were broken. Typically, units are sold “as is”, meaning the unit is now your responsibility, defects and all. My understanding is that is it very difficult to cure cupping hardwood floors as moisture is typically the culprit. Unless you can remove the moisture, it is likely you will need to replace the floors. My recommendation would be to heed the advice of proper installation so you don’t have a repeated failure. Sorry I don’t have better news. All the best!

Previous Condo Owner May Have Failed to Disclose Upcoming Special Assessment


C.P. from Middlesex County writes:

Dear Mister Condo,

My daughter bought a condo where her association fees are $450.00 per month. Due to future major roof improvement job her payment will increase by $300.00. We feel the seller had to know about this upcoming project and didn’t reveal this very crucial information. The other choice to pay would be a one-time payment for $22,000.00 per unit. There are 40 units. Something doesn’t seem legal here. Your thoughts.

Mister Condo replies:

C.P., I am sorry for your daughter’s predicament. It is quite possible that the previous owner was aware that there was a possibility of a Special Assessment but unless the Special Assessment had already been passed and levied against the unit owners of record, it is unlikely that they did anything illegal. In fact, the knowledge that this Special Assessment was looming may have been a very important factor in his/her decision to sell. You can and should speak to an attorney to make sure the seller had already been informed of the assessment and failed to provide that information. If they signed a disclosure statement where they lied about the Special Assessment, you may very well have a case. All the best!

How Can I Buy a Deceased Owner’s Condo?


J.S. from outside of Connecticut writes:

Dear Mister Condo,

How can I buy a deceased owner’s condo?

Mister Condo replies:

J.S., deceased owners have their property disposed of according to either their will or the probate system. You would buy this property pretty much the way you would buy any other property. The challenge may be in determining exactly who the owner of the property is. If there was a mortgage on the property, the bank holding the mortgage may be the eventual owner. If there was no mortgage and the property were left to a family member via will or probate, the new owner will eventually be known through property records and you could contact the new owner to express your interest in purchasing the unit. If there were any other lien holders on the property (the association, for instance if there were unpaid assessments or common fees) the unit could end up in their hands. Again, you would contact them and let them know of your interest in purchasing the property. It is quite possible that any of these entities will simply use a real estate agent to sell the property. If you see the “for sale” sign go up, you know what to do. Good luck!

Sample Condo Co-Ownership Agreement

S.E. from outside of Connecticut writes:

Dear Mister Condo,

Hi I am looking for a sample co ownership agreement for two or more people owning a single condo unit.

Mister Condo replies:

S.E., co-ownership agreements are legal documents and they are not “one size fits all” as there are different laws in each state that would need to be taken into consideration before preparing such a document. Also, since I am not an attorney, I don’t offer any legal opinions or advice here. On a friendly note, I did a quick internet search of your query and found a great document at one of my favorite internet legal advice websites, nolo.com. Check out: https://www.nolo.com/legal-encyclopedia/joint-property-concurrent-ownership-32229.html. This article deals with various types of co-ownership and co-tenancy agreements. It might head you in the right direction. The best advice I have for you is to work with a locally qualified attorney who can give you the best answer for your part of the country. Happy Co-Ownership!

Previous Condo Unit Owner Had No Right to Modify Attic

S.S. from outside of Connecticut writes:

Dear Mister Condo,

I bought my condo in February of 2015. On the mezzanine floor, the previous owner had extended in to the attic a sort of storage room. Basically, there is a door and it leads in to the roof attic for extra storage. I now received a registered letter to close up this area as per it being part of the common ground and is not entitled to me. What’s more is that I was never told by the inspector, the agent, nor the previous owner that it did not belong to me. This extra storage room made my decision for actually purchasing this unit. What can I do? Can I ask the board committee to keep this extra room or am I to close it up? Can I sue the previous owner, agent or/and inspector for not disclosing this room to me?

Mister Condo replies:

S.S., I am sorry for your predicament. The foul was created by the previous owner who had no business commandeering common space and modifying the unit without Board approval. You can certainly petition the Board to allow the modification but I don’t see why they should do so. If they allow it for your unit, they open themselves up to allowing similar modifications throughout the complex. You should comply with their request to return the unit to the condition before the modification was made. As for lawsuits, etc., I am not an attorney and I offer no legal advice here. You should speak with a locally qualified attorney to see if you have a case against the previous unit owner. My guess is that you might have a case but I am not sure how you could prove any damages to yourself that would be worth pursuing. All the best!

Unit Owner Pissed Off at Condo Board Over Dog Urine Remediation

K.R. from Fairfield County writes:

Dear Mister Condo,

I just purchased a unit that was a short sale. It had visible dog urine damage. The board was aware of this unit’s condition. After removing the carpeting and padding there is wet sub floor and wet framing from the dog urine. I am replacing the sub floor and some insulation as the dog urine seeped through the abutting sub floor and caused damage to some of the insulation as well. I received a note from one of the board members saying I need their permission to do any work in my unit. I read my bylaws and I own the subfloor. Why would I need permission to replace the sub floor or even update my kitchen cabinets? Does the board really have this much control over my home? What about my quiet enjoyment? What does CIOA have to say about this situation? Thank you for your anticipated response.

Mister Condo replies:

K.R., I am sorry for all of your problems. I hope you have been able to fully remediate the issue and get your unit in a livable condition. As to your interaction with the Board regarding repair and restitution work, I have a few thoughts to share. The ownership of the subfloor is not in question; it’s yours. Most associations require unit owners to inform them of any modifications to their units (including restoration) and for good reason. For starters, you may have contractors coming on to the property. These folks need to be licensed and insured and you may need to provide proof of same to the association. Second, depending on the nature of the repairs and/or upgrades, the Board has to make sure you aren’t working on any supporting walls or structures. Finally, if the association’s insurance policy is “all in” coverage, any upgrades you made need to be reported to the insurance company so they are covered. CIOA doesn’t come in to play with any of these issues as far as I know. Living in a community association means playing by the rules. My guess is once you have finished this project, you won’t have anything further to report or ask permission of the Board. All the best!

Condo Owner Wants to Sell Condo Carport Space Without Deed

R.R. from Missouri writes:

Dear Mister Condo,

I own a condo in St. Louis County, MO. The condo has 2 carport spaces that we thought were deeded to me however they are not actually on my deed. My neighbor wants to buy a space but I am not sure they are mine to sell. The association thought they were deeded to me as well. Any advice?

Mister Condo replies:

R.R., if you rock the boat hard enough, it just might tip over. Real estate deeds are very specific and legal documents. Right now, you don’t have a deed to your “deeded” carport spaces. How can you convey a deed to your neighbor that you don’t have? You can’t. My guess is that the spaces are actually owned by the association but are for your exclusive use, meaning they are a limited common element and you don’t own them and you can’t sell them. If your deed says otherwise, thane you can do as you see fit. However, from what you have told me, you can’t sell what you don’t own. A better solution might be a friendly handshake and understanding that your neighbor can use one of your spaces. And if he wants to offer you some money for that favor, who’s to say what is happening. All the best!

Condo Parking Space Promised but Not Delivered

S.S. from New York City writes:

Dear Mister Condo,

I live in a 6-unit new construction condominium in NYC. The builder who I purchased my condo originally told me that even though my unit does not come with parking spot, there was a spot on the side of the building that could be converted to a legal parking spot. Recently I wanted to do this and told the board I would incur all the cost associated with the legalizing that spot.The condominium board of directors voted and denied me a spot. Can I still legally do it without their approval by hiring an attorney or something?

Mister Condo replies:

S.S., I am sorry for your predicament. I can tell you that most questions I get that begin with someone telling you something without you having it in writing don’t end well. The statement that “your unit does not come with a parking spot” is a second telltale sign that this isn’t going to end well for you. You can certainly hire an attorney and see what can be done but, from what you have told me, it doesn’t sound like you will have a case to make the Board release the parking space to you. Perhaps you can rent the space from the association? That might make more sense than spending money on a lawsuit that, to my eye, shows little merit. I am not an attorney and offer no legal advice in this column. You should certainly speak with an attorney for a legal opinion but if the attorney says you don’t have a case, I wouldn’t be too surprised. Always, always, always get it in writing. Good luck!

Florida Rental Condo Sold with Previous Owner Keeping Future Rental Deposits

S.C. from Florida writes:

Dear Mister Condo,

We recently bought a condo in Florida. The previous owner has booked rentals through to next year. Is he entitled to keep those deposits even though he does not currently own the condo?

Mister Condo replies:

S.C., it depends on how you negotiated the sale and purchase of the condo. Are you physically living there or is it a rental property for you as well? Are the future leases in your possession or the previous owner? I can’t imagine any situation where an attorney handling this transaction would have let such a potential problem go unanswered during the closing process. If you handled this transaction without the advice of an attorney, you will very likely need one now as the folks expecting the rental property to be available for them will most certainly expect that their deposits will be used towards payment of their rent for the property. My advice is to review the purchase and sale agreement and see what it says about these previous deposits. If it looks unfavorable to you, you should get in touch with a qualified attorney who can best advise you what your next steps should be. Good luck!

Should I Rent or Purchase a Second Condo Parking Space?

S.K. from outside of Connecticut writes:

Dear Mister Condo,

My husband and I want to buy a new condo. We would need 2 cars. The condo comes with one parking spot. The second parking spot is $23,000. Or, hopefully there will be a spot to rent, but that wouldn’t allow us to park next to each other. We don’t know if we will live there for 6 years or it could be as little as 1 or 2 years. This is the only time that we can decide to get adjacent parking spots. Is it worth the risk?

Mister Condo replies:

S.K., I am not sure I understand what the risk is. It sounds like you will be allowed to park both of your vehicles on the association’s lot as long as you secure a second spot. Purchasing the spot is a better idea, in my opinion as you should have no problem reselling it when you leave the community. Renting a second spot could prove a bit riskier because you do so at the desire of the parking space’s owner, who could sell it or decide to no longer rent it to you at some point. If it were me, I would purchase both the condo and the second parking space. My guess is you will have no problem selling both when the time comes to move out. All the best!