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Construction Defect Litigation and The Loquacious Lawyer
May I Have a Word With You About your Attorney and Management Company?
New article from the Oakland County Legal News (PDF) The article also ran in the Detroit Legal News and the Macomb County Legal News
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Saving the Manager From Liability
Confessions of Michigan Condo King
Purchasing a Condo as Your Primary Residence
We Can Help You Find the Right Management Company and/or Form of Management
Why Is It Necessary to Enforce Our Restrictions?
What You Should Know About Buying a Second Home
The Quandary of Legal Fees and Billing
If Not Now, When? (Will You Amend Your Documents)
Picking the Right Lawyer For Your Condominium
How to Tell If Your Condominium Documents Need Updating
Defending the Condominium Developer
Amending the Documents in a "Mature" Community Association
Community Associations and the Disabled Owner
WHAT YOU SHOULD KNOW ABOUT
BUYING A SECOND HOME
By: Robert M. Meisner, Esq.
Many of you have already or are considering
the purchase of a second home, presumably in a locale with
pleasant year round temperatures. Buying a condominium or a
second home in a location other than where you live as a primary
residence can offer interesting challenges. There is always a
tendency to buy on the spur of the moment while on a vacation or
in an otherwise relaxed state. The tendency is to overlook some
of the basic attributes that one should consider in purchasing
any real estate regardless of its location.
Buying a second home in California or Arizona, by way of
example, requires the same degree of expertise and insight as
would be the case in the purchase of any other type of
residence. Indeed, my experience over the years has been that
absentee ownership creates additional problems for the
prospective purchaser. First, you may not be familiar with the
laws of the jurisdiction in which you are involved and relying
solely on a real estate broker may not be enough to satisfy the
particular legal requirements of the purchase. Additionally,
when buying a condominium, by way of example, you must consider
all of the issues relevant to the normal purchase of a condo,
including the deed restrictions which may impose limitations on
your ability to have animals, to lease the unit, or to make any
modifications to your condominium unit. Additionally, as with
any other situation, you must be as fully apprized as much as
possible of the economic conditions surrounding the developer
and/or the Community Association, itself, in which you are
becoming a member. Is the Association in litigation with the
developer or are there other issues that have arisen which could
adversely impact your ability to resell the condominium or for
that matter live in it in a peaceful and habitable fashion? Are
the assessments that are being levied realistic and have you
been given all the relevant documents to review? It is best to
retain the services of an attorney in the jurisdiction where you
are purchasing your home to insure that your rights are being
protected.
Buying a second home can be an enjoyable
experience. However, not living in the home year round and not
being available to participate in the management of the
Community Association creates additional potential problems. The
quality of management, therefore, of the Association in which
your second home is located is extremely important and you are
best advised to ascertain whether in fact your Community
Association and your home are being properly managed. In simple
terms, don’t sign the Purchase Agreement unless and until you
have done a thorough investigation of the issues which are
likely to rise in purchasing a second home out of state.