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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 39432
Experience:  Texas Attorney for 30 years dealing in real estate
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I own a condo in California. I was taught that my ownership

Customer Question

I own a condo in California. I was taught that my ownership of the unit was only the air space inside the walls. Is this correct? If yes can you send me the legal site?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Generally you are correct, but the CCR's define what you own and what the Association owns.This is the most important document because then you know what you maintain and what they are required to maintain.
Some Condos have you owning the interior walls, or part of the walls and floor surface be it tile, hardwood, carpet, etc.And of course as you reference the air or what goes on here inside.
Reference that explains the rights/duties and how it is divided legally.Overall you are pretty accurate with the air inside concept.
http://www.nolo.com/legal-encyclopedia/buying-condo-what-property-will-you-actually-own.html
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Customer: replied 1 year ago.
you did not give me the legal site. I still need that!
Expert:  Ray replied 1 year ago.
Reference to the owning of air..
http://www.yourlegalcorner.com/articles.asp?id=85&cat=estate
A condominium is alike an apartment you only own the air inside it as the CCRS define it.See reference above as "fee simple"
Here is a good article about insuring them, that is one of the common issues, there are always two polices and figuring all of that out is important..
http://www.bankrate.com/finance/mortgages/6-condo-insurance-questions-1.aspx
Also you have a single interest int he common areas as an owner of a unit and a vote in any elections.
Thanks again.
Expert:  Ray replied 1 year ago.
Here are the Condominium Definitions under the law.You basically own in fee simple the air as you state inside the walls.
The definitions reflect that you have a separate interest in your condo(air in fee simple), a shared interest in common areas and a membership in the condominium association.
http://www.cga.ct.gov/2011/pub/chap825.htm#Secs47-67%20and%2047-68.htm
Thanks for your patience while I got this for you.