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condo area dispute

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(@daneminceyahoocom)
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I was wondering if you had ever dealt with this situation. it is a dispute over the original unit dimensions. The original dimensions produce an area of 2194 sq. ft but the exhibit shows an area of 2119.6 and the assessor’s office assessed the area at 2120 sq.ft. The management company has taken it upon themselves to re measure all the units and in this unit they make the area 2461. They refuse to produce any document, maps calcs etc that justify how they arrived at their new area for the unit in question. The homeowner can dispute the HOA management co’.s area but they have to pay $60 an hour for the reivew. It appears that there is some extra sq footage that would be within the boundary of the unit but was not included in the original air space plans and an alteration to the interior that includes a catwalk over an area that at one time was open for 2 floors in the living room. I have no idea if this type of remodel actually adds sq. ft. to the unit or not

citations welcomed
and thanks for the help

 
Posted : 23/04/2015 12:43 pm
 JB
(@jb)
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You might check with your State's Real Estate Commission to see if they have posted measuring guidelines.
In N.C. the REC says that you measure a single family home around the outside, and a condo unit on the inside (paint to paint).

 
Posted : 23/04/2015 1:59 pm
 ppm
(@ppm)
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This is what I believe to be true in the states that I practice in. But if there is a that variable in any type of surveying from state to state, it is in condo laws. What state are you referring to?

To fully understand condo unit areas, one has to read the declaration. Is the area calculated to inside face of wall, outside face of wall on exterior building lines, center line of walls between units. Do the areas jog in and out for the door jams and window pains? Do they include non-foundational bay windows? All of that should be defined in the declaration. They should be shown accordingly on the condominium plat, but sometimes they aren't. Got to read the declaration.

 
Posted : 23/04/2015 1:59 pm
(@sonofa)
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Last time we dealt with a condo area dispute it boiled down to something called "Boma Standards". It has been some time but my very general understanding is that there is a difference how realtors, appraisers, etc. measure area vs the finished surface method generally used during condo surveying.

 
Posted : 23/04/2015 4:07 pm
(@a-harris)
Posts: 8761
 

That is the very reason I do not put the measurements of a building or residence on my drawings.

At one time sqft of living space was calculated paint to paint total of the inside.

More recently I was told they use the outside wall measurements.

Some people read the dimensions to include overhang.

It must be something ask for when survey order is made or I don't show it.

The last one I was ask to give sqft and dimensions from the outside brick face for a house with a 45° angle in the middle and offsets on each end. Realtor, Appraisal Dist and Client all had a different total than mine.

106sqft less than the Realtor
74sqft less than the Appraisal Dist
28sqft more than the Client

nobody was happy and it took 3yrs before my check arrived, lol

BTW, the only thing close to a condo I've surveyed was in 1984 when a client divided a residence converted into a duplex a set of side by of apartments into four parts into units to deed different individuals and we went with the center of dividing walls.

 
Posted : 23/04/2015 4:39 pm
(@kent-mcmillan)
Posts: 11419
 

> I was wondering if you had ever dealt with this situation. it is a dispute over the original unit dimensions. The original dimensions produce an area of 2194 sq. ft but the exhibit shows an area of 2119.6 and the assessor’s office assessed the area at 2120 sq.ft.

So, doesn't the original Condominium Declaration control as to the fractional share of the whole that the unit constitutes? Wouldn't the declaration have to be amended to alter that share for the purposes of assessments and such?

 
Posted : 25/04/2015 2:15 pm