Recent News and Articles on the Keywords: condo + manager + info  Related to the article below (Last Update: 8/7/2008)

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Can condo manager ask personal info of owner?

Q: My condo's new property manager has asked me to fill out a personal-information form and send it back. Among the things it asks for are my e-mail address, emergency contact names and numbers and descriptions of my car and pets. Is it legal to ask all these questions, and must I really complete this form?

A: "It's certainly legal to ask for this information," says Jim Comin, president of CDC Management Services, which manages numerous Seattle-area condominiums. Whether you must comply essentially depends on whether your association has a rule requiring it.

But before fighting this one, Comin urges you to talk with the manager about why he wants this information and what he might do with it. You wouldn't be at all out of line, Comin says, to insist the information not be published or sold.

"The bottom line is that to effectively communicate and run the community, this information is very helpful and to the advantage of the community and the individual," says Comin. For example, condo covenants commonly contain language giving the association the right to enter your unit in case of emergency. "If we can get the door opened via an emergency contact, it saves the other, more expensive option, which is to either use a locksmith or break down the front door. Depending on the nature of the problem, the expense to repair the door could be the homeowners'."

Q: My partner and I are considering buying a "zero lot line" townhome that's advertised as having "no homeowners' dues." What exactly does zero lot line mean, and if there are no dues, what happens if three out of four townhome owners agree the building needs a repair, but the fourth doesn't agree or can't afford it?

A: The first part of your question has an easy answer. In a zero lot line townhome development, the homeowner typically owns his particular unit, the land under it and frequently the adjacent front and back yards "in exactly the same legal way that the owner of a freestanding single-family home owns their home," explains attorney Samuel Jacobs, of Mosler Schermer Wallstrom Jacobs & Sieler.

However, the second part of your question has no easy answer, Jacobs says. Unlike condos, which zero lot line developments are not, "there is no statutory framework for making decisions among owners." Typically, though, these developments do come with legally binding requirements establishing homeowners' rights and responsibilities. Since these can vary a lot depending on the development, Jacobs says, "a potential purchaser should review those documents if they're concerned about a decision-making structure." If you don't like what you see, then you can move on.

Q: I'm a new condo owner who just learned that the prior owners of my building (it was recently converted from an apartment) knew that a neighbor's remodeling plans would spoil our views. This was never disclosed to us. Wasn't it against the law to not tell us? Also, if our views are reduced, can we get our property taxes reduced because our condos will be worth less?

A: A state law requires sellers to disclose any known problems with the property that can't be easily observed by the buyer. Plumbing, wiring or structural problems could fall into this category. But nothing in the Residential Property Seller Disclosure Statement requires a seller to speak up about stuff that may happen off the property — such as a highway going in nearby, a possible halfway house down the block, or, in your case, a neighbor's building plans. Think of it from the sellers' perspective: Being required to know these kinds of things would basically make them responsible for keeping track of every plan or proposal in their area — or potentially facing a buyer's lawsuit.

However, from your perspective, lack of neighborhood disclosure can certainly be a problem. That's why real-estate sales pros advise buyers to do their own prepurchase neighborhood review.

If your neighbor does go through with a remodel and wipe out your views, you may be able to get property-tax relief by filing an appeal, says Dave Goff, manager of the King County Board of Equalization. Separate from the Assessor's Office, this board hears property-tax appeals.

Goff suggests you take "before" photos of your views; then, if your view is blocked, you can take "after" shots and use them to bolster your case. To learn how to file an appeal, go to: www.metrokc.gov/appeals or call your county Board of Equalization.