Owners or developers may encounter the need to set up a condominium or homeowners association (HOA) when building new properties or converting existing apartment units to condominiums. In order to file the documentation with a county recorder, there are several pieces of information about the property that need to be developed and compiled. It’s helpful to know what types of service providers to contract with in order to have a complete and thorough set of condo documents.
HOA Declarations and Bylaws
An attorney will need to draft the legal documentation that will state the rules of the association. The Declarations create the association, define the use of the property and common elements, and establish maintenance requirements. Bylaws provide details regarding the operation and implementation of the Declaration and how the HOA is to be run. The attorney also often acts as the one to compile all of the documentation and deliver it to the recorder.
A boundary survey and survey plat are also needed as supporting documentation. These drawings are typically provided by a surveyor as a stand-alone consultant or from a site/civil engineering firm. The survey will show the boundaries of the property, the exterior dimensions of the building(s), and the limited common elements as described in the Declarations.
Similar to the site survey drawings, architectural plan drawings of the existing building(s) and interior spaces are also required to support the language in the Declarations. This requires the architect to field-verify the measurements of each unit and document the existing spaces. The architectural drawings will show the size, shape, and layout of the interior portion of the units and limited common elements.
Close coordination between these three consultants plus the owner/developer is crucial. Look for those who have completed this process successfully in the recent past and ask for recommendations for others who they have teamed with. With a communicative and confident team the process will be smooth.