House of Representatives

HB 2446

condominium conversion; disclosure

Sponsors: Representative Leff

 

DPA

S/E

Committee on Commerce and Economic Development

X

Committee on Judiciary

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 
HB 2446 requires a person who converts an apartment complex to a condominium to record the change in use at the appropriate county recorder's office.

 

Current Status

The Commerce and Economic Development Committee adopted a strike-everything amendment that was further amended.   The strike-everything amendment was amended to require the real estate subdivision report to disclose the conversion of a multifamily rental property to a condominium property complex, including the date the original construction was completed.  In addition, the declaration must provide disclosure as outlined in the bill.

 

History

            Although an apartment building is constructed according to the applicable building code, it is utilized as a rental property, thereby sustaining greater use and possibly more abuse than privately owned real property, such as a condominium.  Some developers and private individuals are purchasing rental apartment complexes and converting them to condominiums that are being sold to private individuals.  Title 33, Section 1202, provides:

 

"Condominium means "real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions.  Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners." 

 

Amendments

The CED Committee adopted a strike-everything amendment that was further amended:

·          Requires the Department of Real Estate subdivision report to disclose when a multifamily rental property is converted to a condominium property, and provide the date the original construction was completed.   

 

·          Requires the declaration to provide disclosure regarding the conversion as outlined.

 

 

 

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45th Legislature                       

Second Regular Session            2          March 26, 2002

 

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