TOWNHOUSE OR CONDO?

For Your Information

Townhouse owners individually own their units and the land on which they are situated, but title to "common areas" is usually owned by the unit owners' association that is established by deed restrictive covenants. Townhouse developments are not governed by any specific statute.

Condominium owners individually own their units, and they also own an undivided share, along with all other unit owners, in the common areas or elements (which includes the land on which the units are situated). Condominium is a form of ownership specifically governed by statute and established by recording a Declaration of Condominium in the county where the property is located.

A condominium and townhouse cannot be distinguished by appearance alone. Only a check of records in the Register of Deeds office will provide an answer to the "townhouse or condo" question. Agents should not assume that a unit to be transferred by deed is a condominium and should also not confuse the townhouse architectural concept with the townhouse legal concept.