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The importance of doing your homework when buying a condo

To some the opportunity to live in a condominium apartment seems the ideal way to avoid many of the headaches associated with owning a house.

The burden of dealing with many of the arduous chores that go hand in hand with property ownership, such as the repair and redecoration of the exterior of the building, maintenance of the garden and grounds, and the renewal of the buildings insurance, are shifted onto the landlord.

A tenant in a condominium apartment is only directly responsible for maintaining the interior of his apartment.

For others the lack of privacy and freedom associated with condominium living make this a less attractive option. Noise can also be a problem.

Then there are the onerous restrictions set out in the lease and in any additional rules and regulations laid down by the landlord.

There is also the ongoing contribution towards maintenance expenses that can become increasingly burdensome especially as the building ages and requires more upkeep.

For a person wishing to acquire a condominium, it is worth following some simple guidelines when checking out a new apartment.

Have the buildings on the development surveyed.

Watch out for any big repair bills, like replacement of the roof or structural repairs, which are likely to be incurred in the near future.

Remember that you will be contributing to the cost of any such works.

Check the lease carefully and ask about anything that you are unsure of.

For example, make sure that the rent and maintenance provisions are acceptable and that you will be contributing a fair share of the overall cost of maintaining the development.

Understand the basis on which the landlord can increase the rent and maintenance charges.

Ask for copies of the last three years maintenance accounts. These will show you the extent to which charges have increased over the years and any trends or patterns in the sums levied.

Ask for a copy of the building's insurance. Be sure that you will be compensated if fire or some other catastrophe destroys the apartment. Check the exclusions and make sure that they are reasonable and check the amount of the excess that will be payable by the landlord and make sure that there is enough money in the maintenance fund to cover it.

Make sure that in the event of a catastrophe the lease obliges the landlord to reinstate the building and, in the event that he cannot do so, to share the insurance pay out with the tenants who have suffered loss.

Talk to the current tenants and find out if the landlord is complying with his obligation to maintain the development and keep the buildings in good repair.

You may find your apartment depreciating in value if the development takes on a general air of neglect.

Ask the landlord if any of the other apartments are empty or if any other tenants are in arrears with maintenance contributions.

The landlord may not be able to afford the upkeep of the development if he is not collecting enough money from the tenants.

In such a situation, he will be forced to increase the burden on the other owners or to spend less on upkeep.

Check whether there is a reserve fund (sometimes called a sinking fund) put aside every year to cover extraordinary expenditure.

The alternative is less attractive: when something major needs doing the tenants are presented with a large bill.

Remember that a leasehold property is a depreciating asset. If you are buying a lease with less than 60 years to run then you need to be concerned.

If you intend to bequeath it to your children it may not be worth much to them by the time you pass away.

If you intend to raise a mortgage on it your lender may turn you down when it becomes clear how short the lease has become.

Finally check whether there is an active residents association.

If you want to have some say in what is happening in your neighbourhood then it is worthwhile taking part in the meetings.

In some cases the landlord may have ceded control of the development altogether and transferred it to a company made up of the residents, in which case you will receive a share in the company when you purchase the apartment.

This allows the owners to directly manage the apartment complex and allows you to vote on issues of concern to you.

Do not be afraid to ask your lawyer to make these inquiries on your behalf.

Ensure that the lease is properly explained to you and you understand your rights and obligations.

That way you are less likely to receive any nasty shocks once you have moved in to your new home.

Attorney Martin Mitchell is a member of the Property Department at Appleby Spurling & Kempe. You can write to him with your questions or comments at mmitchell y ask.bm. Copies of Mr. Mitchell's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.

This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.