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Condo lingo: Declaration Source: Greg Hague, an Arizona attorney and real estate broker and founder of Scottsdale-based Hague Partners A basic definition: The Declaration is the Master Deed containing the legal description of the condominium facility, a plat of the property, plans and specifications for the building and units, a description of the common areas, and the degree of ownership in the common areas available to each owner.
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What should prospective condo owners look for in the Declaration or Master Deed? Hague: I usually suggest that my condo clients obtain solid answers for these issues: • The unit you are purchasing should be reflected in the plans and specifications as having the same square-footage and floor plan as represented to you in sales documents, brochures or an online listing. • The unit you are purchasing should own a proportional share of the common areas based on its perimeter square-footage, not necessarily its livable square-footage which is its heated and cooled area. • You should find out if there are any restrictions on how you may use your unit or the common areas. While restrictions are commonly incorporated in the CC&Rs, they can also be reflected in the Master Deed in which case they cannot be changed by the HOA board. • Review the plat of the property and then walk the boundaries to ensure no part of the land has been sold off after the physical structures were completed. I had this happen to a client but we caught it before closing and cancelled the deal. • When walking the grounds, inspect the condition of amenities such as tennis courts and pools. When you purchase, you become responsible — in proportion to your ownership interest — to contribute for needed repairs. • Take the time to read the Declaration. An investment client of mine was about to purchase a condominium, had thoroughly studied the CC&Rs but didn’t think to read the Master Deed. I suggested we review it and discovered a covenant prohibiting rentals for more than a week –– a provision not found in the CC&Rs. My client’s intention had been to rent the unit, so he didn’t move forward. —Reported by David M. Brown
Cole Horschler Via Hotel Valley Ho
Urbs, burbs or ‘surbs’? ď€Żď€Ąď ˆď€Şď€Ą ď …ď €ď€Şď€Źď€¸ď ˆď €ď ‚ ď ˆď€š ď€ťď ˆď€Łď€Ąď€¸ ď€Ľď €ď€ť ď€°ď €ď€śď€ť ď ‚ď€§ď€˛ ď€Şď €ď ‚ď€¨ď € ď €ď€ť ď€¸ď €ď€˛ď ‚ď€Ąď €ď „ď€§ď€ž By Debra Gelbart
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ost folks think that there are generally only two kinds of neighborhoods where condo and townhome communities are located: urban and suburban. Actually, there’s a third possibility: what’s known as “surban,â€? which combines the best of a major city and its adjacent ‘burbs. ď€ľď€śď€ťď€Ťď€Źď ‚ ď Š  ď€¸ď€ťď€§ď ‚ď€¨ď€° ď ‚ď€§ď€˛ ď€Ťď …ď€§ď ‚ď€¨ “This new category is halfway between suburban and urban,â€? explained David Newcombe, a real estate broker and co-founder of Launch Real Estate. These are neighborhoods with walkable destinations — such as restaurants, reminiscent of urban living — but with a defined residential character, Newcombe said. Some examples of surban locations
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include McCormick Ranch in Scottsdale, south Arcadia in East Phoenix, and the intersection of 16th Street and Bethany Home Road in Central Phoenix, he said, adding that these are places where families can comfortably live that have many of the benefits of both city and suburban living. A surban community typically is easy to get to and is near many conveniences, including supermarkets and other retailers.
Optima Kierland
The developers of Optima Kierland in North Scottsdale view that community’s location as surban. “We refer to the location as both urban and suburban,â€? said David Hovey Jr., president of Optima Inc., the designer, developer and general contractor for the Optima Kierland community. “Optima Kierland represents the best of two worlds in the Valley: the vibrant, urban setting of North Scottsdale amid the year-round natural beauty of the Sonoran Desert.â€? ď€ąď€ťď€Ťď€Źď ‚ ď€Şď€Ąď€Źď€ťď€Źď€Şď€¸ď€§ď€ťď ˆď€šď€¸ď ˆď€Şď€š Proximity of light rail is what helps define a neighborhood as urban, Newcombe said, although a neighborhood can still be considered urban without public transportation nearby. Very often, an urban neighborhood is the downtown core of a city, even if it’s a suburb. Locally, these Tony Marinella Via Coronado Commons
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URBS, BURBS OR ‘SURBS’?; continued on page CL2
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