Co-ops & Condos

Condominium

A form of ownership in which individuals own their individual units in fee simple and share ownership of common areas.


Definition

In a condominium, each unit owner holds fee simple title to their individual unit and an undivided interest in the common elements (lobbies, hallways, elevators, grounds). The condominium is created by filing a declaration and offering plan. Unit owners pay common charges to the condominium association for maintenance of common areas. Unlike a cooperative, a condominium unit can be bought and sold like any other real property: owners receive a deed, can mortgage their unit independently, and generally face fewer restrictions on sale and subletting.

Exam Tip

Condo = fee simple ownership of the unit. Co-op = shares in a corporation and a proprietary lease. The exam tests this distinction heavily.

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