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In a condominium, you technically do not own "land" but rather you
own the "air space" inside the walls, ceiling and floor of your unit.
Title insurance is available for a condominium, just as it is in a
house on it's own parcel of land. You should get title insurance on
your condominium unit to protect your interests.
A title search will be done when you are purchasing your
condominium, just as it is when buying a house, and this
search will reveal any defects in the title of the unit along with any
problems or liens which may occur against the condominium building or
the complex itself. You will receive a deed to your own unit plus an
undivided interest in the common areas, such as the parking areas,
walkways, yards, and pool.
Read over the title report carefully. You would want to be sure
that you could not be held liable for any unpaid bills or liens
against the condominium association. If there are unpaid bills on the
common areas, the association could prepare an affidavit stating that
they have the money to pay the bill. If there is litigation regarding
an unpaid bill, the association could post a bond or set the money
aside for payment of that debt.
Check with your escrow or closing agent for the correct procedure
to follow if you find something objectionable on the title report.
If a lender is involved in your purchase, they will require title
insurance to protect their interest in the condominium unit. Often
special condominium "endorsements" are required which will be
attached to the title insurance
policy.
The condominium documents or "condo docs" or Covenants, Conditions
and Restrictions are normally incorporated in the deed and you should
read these carefully, as they set forth all the rights, duties, and
obligations of all the unit owners. Your preliminary title report will
show the book and page where these documents are recorded in the
official country records. You can ask your escrow officer, the
homeowner's association or the recorder's office for a copy.
It is important that you read these documents carefully. Although
they are often voluminous and complex to read, they spell out the
specific conditions which bind each unit owner.
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