Condo? Town Home? What’s the Difference?
The blue skies of Tucson and the inviting warm climate beckon, especially during drizzly, cold and bone chilling December through March weather. Thoughts drift to a condo or a town-home in warmer and more hospitable climate, where golf can be played year round, hiking and birding are within a few miles of the city, and dining al fresco at one of the many establishments may become more than just a dream.
Tucson, Oro Valley and Green Valley have many condo and town home communities, many of which are limited to active adults with a minimum age limit of 50 or 55. Condos and town homes are legally and statutorily different animals.
The Arizona State Statutes define condominiums in Title 33 which is the section governing property. Chapter 9 concerns condominiums and Charter 16 governs town homes.
Condos do not have to be physically contiguous. Some condo units are free standing, but the legal description is what separates a town home from a condo. The owner of a condo owns the unit, but anything exterior to the unit is common property and is governed by the rules and regulations of the Association, unless that exterior element services only that unit.
A town home on the other hand, is a unit whereby the owner owns the land in the front and the back of the property and is responsible for that land. It is not considered common property. However a town home complex can have common property such as a recreation center, walking trails, or open space, just like a single family home subdivision.
These types of properties are governed by an Association which is comprised of the owners of the units, each having a specified vote according to the declarations of the community. That Association is controlled by a Board of Directors which is elected by the property owners.
Rules and regulations of the Association must comply with state law, but dues structure, what the Association offers, and the types of maintenance such as roofing, landscaping, building painting, are determined by the Board of Directors and voted on by the members of the Association.
Often an Association will vote to outsource the day to day maintenance and collection of dues to a Management Company. Many Homeowner Associations (HOA) pay a management company and this also includes single family home subdivisions as well as town home and condo complexes.
The rules and regulations of the Association are in the documents called the CC and R’s, Covenants, Codes and Restrictions. Purchasers of properties which have CC and R’s should read the restrictions carefully. Restrictions regarding the length of time children under a specified age can state are the property are important considerations for people in an active adult community who may want their grandchildren to visit, the policy on pets and weight of pets may be of concern, as well as information on how and when the Association can place a lien on property for non-payment of dues.
Your Realtor® should help you decide whether a condo or town home or single family home is best for you, and should guide you through the paperwork and CC and R’s to make sure the property you are purchasing suits your lifestyle and needs.
For help with purchasing a property in the Tucson area which includes Marana, Oro Valley, Tucson, Green Valley, and Sahuarita, contact Terry Bishop Broker Owner of Terry Bishop Realty, 1802 West Grant Road, Tucson Arizona 85745-1232 – cell: 520-349-4785, office: 520-232-3911.
Tags: Buyers, Consumer Education, Relocation to Tucson, Tucson Real Estate, Tucson Relocation