Condo Media - January 2019 - 45

In the world of condos, many of these transition milestones
are well understood, many are not. Most know condos go
through a transition management period from the developer
to unit owner, but there is much more.
landscaping plans showing all plantings
and planned grounds amenities, list
of contractors and service providers
and their contact information, and an
inventory of all major building elements
and their manufacturers.
In parallel with the engineering
effort, the board may also hire a
forensic accountant to review the
developer's use of unit owners' funds
to operate the facilities until the transition is completed.
TRANSITION OF RESPONSIBILITY
The transition of responsibility refers
to the moment in time the developer
(declarant) transfers one or more common elements to the unit owner board.
In large condo complexes, certificates
of substantial completion are issued
as major common elements such as
clubhouses, pools, or building phases
are put into service. These certificates
are often controlled by professional
engineers engaged by the developer or
new board.
Transition issues not only rest with
the condo association but also the local
community will take a part in the process. Code enforcement officers will be
inspecting the property throughout the
project life to insure the buildings meet
current building and energy codes.
Local fire marshals and planning
boards will be reviewing project documents to ensure both life safety and
compliance with local standards. Some
of the common elements such as landscaping and storm water infrastructure
may also have performance bonds in
place to guarantee the site plans are
completed as approved.
Though the new board may not be
aware of it, the local planning board,

as well as the building inspection
department of the municipality, vetted
this project whether it was a newly
constructed facility or a conversion
of a former multi-family building or
other commercial structure. Some
cities and towns have enacted condo
conversion ordinances to ensure the
new condominium will meet the minimum standards set by the city or town
for structural stability, mechanical/
electrical requirements, and life safety
features. What this means for the new
board is there may be resources and
history available at the local level to
assist in the transition process.

Transition continues for the life of
a condo community. A good transition
process will provide the basis for the
understanding of standards of common
element condition including building
envelope; mechanical systems; life safety; and grounds. These standards will
contribute to reserve fund estimates of
estimated useful lives and form a good
foundation to develop both operating
and capital repair budgets. With these
budgets, the cash flow analysis can
be performed resulting in a rational
projection of future assessments to
meet future spending needs. With this
road map, future boards and their new
members will be able to easily transition to their new roles as future leaders
of a successful condo community.
n JACK CARR, P.E., RS, LEED-AP,
IS SENIOR VICE PRESIDENT WITH
CRITERIUM-ENGINEERS.

Representing Condominium Associations, Homeowner
Associations and Management Companies throughout
New Hampshire and Northern Massachusetts.
Providing representation in all areas of condominium
law from drafting and execution of condominium
instruments, amendments, collection of assessments to
litigation from trial through appeal.
For specific questions and to find out how we can
service your particular needs, please contact our office
and speak with one of our attorneys.

(603) 627-5997

45 Bay Street
Manchester, NH 03104

(603) 742-1052
3 Webb Place
Dover, NH 03820

(800) 828-3200

565 Turnpike Street
North Andover, MA 01845

www.fenigeranduliasz.com
Serving clients in all of NH and northern MA
January 2019 CONDOMEDIA

45
Condo Media - January 2019

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