Do
condos have to be made accessible to the
disabled?
A:
The
1990 Americans with Disabilities Act does
not require strictly residential apartments
and single-family homes to be made accessible.
But all new construction of public accommodations
or commercial projects (such as a government
building or a shopping mall) must be accessible.
New multi-family construction also falls
into this category.
In
all states, the Federal Fair Housing Act
provides protection against discrimination
for people with physical or mental disabilities.
Discrimination includes the refusal to
make reasonable modifications to buildings
that aren't accessible to the disabled.
Two
educational brochures, "Housing Rights"
and "Discrimination is Against the
Law," are available through the Department
of Fair Employment and Housing by calling
(916) 227-0551. California residents can
dial toll free (800) 884-1684. dfeh.ca.gov.
Q:
Can
condos ban smoking?
A:
A
homeowners association's board of directors
can restrict smoking if it applies to indoor
common spaces such as hallways or recreation
rooms. Outdoor spaces are a different story,
say legal experts. Any restriction would
probably hinge on local laws (i.e. if a
city banned smoking outdoors, a homeowners
association probably could restrict smoking
in its outdoor spaces).
Typical
covenants, codes and restrictions (CC&Rs),
which govern condo associations, give
the board authority to make and enforce
reasonable rules for the use of common
property. But that would not apply to
interior spaces owned by smokers themselves.
Resources:
* Common-interest development brochure
available free from California Department
of Real Estate, Book Orders, P.O. Box
187006, Sacramento, CA 95818-7006; (916)
227-0852; dre.ca.gov.
* Various Internet sites specializing
in common-interest developments, such
as those operated by the Community Associations
Institute and CID Networks.
Q:
Can
a condo association ban nudity?
A:
Could
you sunbathe in the nude on your own balcony?
Not necessarily. In a condominium development,
a balcony is not considered private property
but common property assigned to your exclusive
use - but a common area nonetheless.
Covenants,
codes and restrictions (CC&Rs) usually
spell out what activities can and cannot
be conducted on common property. Some
associations prevent people from barbecuing
on their balconies or hanging large plants
from the railings. However, the larger
issue of regulating personal conduct is
not so clear-cut. It literally depends
on what side of the fence you're on.
If
the sunbather can be seen from a public
vantage point -- not by someone who must
climb a tree or peer through binoculars
-- then the rule probably would be considered
reasonable, say legal experts.
Incidentally,
there are places where nudity is tolerated
but again, only out of public view.
Q:
Are
condos a good investment?
A:
Condominiums
have held their value as an investment despite
economic downturns and problems with some
associations. In fact, condos have appreciated
more in the last few years than when they
first came on the scene in the late 1970s
and early 1980s, experts say.
While
there are lots of reports about homeowners
association disputes and construction-defect
problems, the industry has worked hard
to turn its image around. Elected volunteers
who serve on association boards are better
trained at handling complex budget and
legal issues, for example, while many
boards go to great lengths to avoid the
kind of protracted and expensive litigation
that has hurt resale value in the past.
Meanwhile,
changing demographics are making condominiums
more attractive investments for single
home buyers, empty nesters and first-time
buyers in expensive markets.
Q:
What's
a house worth?
A:
A
home ultimately is worth what someone
will pay for it. Everything else is an
estimate of value. To determine a property's
value, most people turn to either an appraisal
or a comparative market analysis.
An appraisal is a certified appraiser's
estimate of the value of a home at a given
point in time. Appraisers consider square
footage, construction quality, design,
floor plan, neighborhood and availability
of transportation, shopping and schools.
Appraisers also take lot size, topography,
view and landscaping into account. Most
appraisals cost about $300.
A comparative market analysis is a real
estate broker's or agent's informal estimate
of a home's market value, based on sales
of comparable homes in a neighborhood.
Most agents will give you a comparative
market analysis for free.
You can do your own cost comparison by
looking up recent sales of comparable
properties in public records. These records
are available at local recorder or assessor
offices, through private real estate information
companies or on the Internet.
Q:
Where
do I get information on condo association
laws?
A:
Resources:
* "The Condominium Bluebook" by
Branden E. Bickel, B & Piedmont Press;
2000. Order
online.
* Community Associations Institute, Alexandria,
VA; (703) 548-8600; caionline.org.
Q:
Where
do I get information on condos?
A:
The major interest group for condominium
projects and other so-called common-interest
developments is the nonprofit Community
Associations Institute, 225 Reinekers Lane,
Suite 360, Alexandria, VA 22314; (703) 548-8600;
caionline.org.
Q:
How
are fees and assessments figured in a homeowners
association?
A:
Homeowners
association fees are considered personal
living expenses and are not tax-deductible.
If, however, an association has a special
assessment to make one or more capital improvements,
condo owners may be able to add the expense
to their cost basis. Cost basis is a term
for the money an owner spends for permanent
improvements throughout their time in the
home and is used to reduce eventual capital
gains taxes when the property is sold. For
example, if the association puts a new roof
on a building, the expense could be considered
part of a condo owner's cost basis only
if they lived directly underneath it. Overall
improvements to common areas, such as the
installation of a swimming pool, need to
be considered on a case-by-case basis but
most can be included in the cost basis of
any owner who can show their home directly
benefits from the work.
To
find out more about how the IRS views
condo association fees, look online to
IRS Publication
17, "Your Federal Income Tax,"
which includes a section on condos. Order
a free copy by calling (800) TAX-FORM.
Copyright
2006 Inman News Features
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