More details to this question:
Situation: original master deed lists a condo and a parking spot. Need to transfer ownership for condo from owner to owner's trust via a quit claim deed. Suggested language for the quit claim deed is: transferring condo with all its common and limited common elements, without listing the parking spot specifically. Question: is the parking spot legally transferred from owner to owner's trust using this general language, without being specifically named on the quit claim deed?
1 ANSWER
Real Estate Law Attorney serving Holland, MI
at
Cunningham Dalman
Update Your Profile
Likely the suggested language is sufficient, but I cannot be certain without seeing the Master Deed (including the Condominium Subdivision Plan which is an exhibit to it) and records of the Condominium Association relating to any assignment/reassignment of the parking spaces.
If the Master Deed and Condominium Subdivision Plan provide that Parking Space A is a limited common element of Unit 1, the deed does not need to expressly call out the parking space; it is appurtenant to the unit. Often master deeds allow reassignment of parking spaces by agreement of the affected unit and at least some filing with the association or, perhaps, an amendment to the master deed recorded with the county. If there has been such a reassignment in this case, it would be good to have the deed say Unit 1 with all rights in general and limited common elements including Parking Space X.
Answered on Sep 17th, 2018 at 6:53 AM