Navigating the Challenges of Condominium Closures

Terminating a condominium project may be essential in many circumstances, including significant deferred maintenance, a significant casualty, or a condemnation event.

FREMONT, CA: Although it has only occasionally been used, termination has always been a part of condominium law. For a lot of associations and practitioners, it is uncharted territory. In addition to the economic scenarios discussed above, a variety of situations can arise when terminating a condominium agreement may be prudent to think about terminating a condominium agreement, such as when there is significant unpaid maintenance, after a significant casualty or condemnation event, or to change the project's intended use to something better, like housing for students or housing with a higher density. According to research, condominium terminations will likely increase in the upcoming years.

State law governs the termination of an existing condominium system, normally done by registering a termination agreement. This invalidates the Condominium Declaration, which created condominium units and transforms the property into a single, cohesive real estate parcel with a single owner, owner, or group of owners. If the condominium system is terminated, it is possible to sell the property free from any ownership interests that were formed. Because of this, a termination is a desirable option for an owner or developer who wants to repurpose or completely redo the property.

Condominium termination is a difficult and complex process. In certain instances, it could lead to ownership rights being terminated against a unit owner's preferences or at a cost the owner doesn't seem just. State Acts frequently offer little direction and fail to foresee or handle many possible hazards and places where displeased owners may complain about the process.