| October |
| Article 1 (Prepare Your Home for Sale: Pack Up Your KnickKnacks)
Article 2 (Winning the Bidding Wars) Article 3 (Q & A with Michael Merrill) Article 4 (Get to Know Allston and Brighton, Part II) |
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Q & A with Michael W. Merrill of Merrill & McGeary, a real estate attorney.
Q: I own a condominium unit which I rent. The unit has two decks which are for the exclusive use of the occupants. One of my tenants, without my knowledge and without the permission of the Condominium Trustees, installed a hot tub on one of the decks. It was discovered when water leaked into the unit below. The Trustees allowed the hot tub to remain as long as the tenant purchased insurance. Now the tenant has vacated and the hot tub remains. I want to continue to use the hot tub as rental incentive to new tenants and I will pay for the insurance, but the Trustees requested I remove the hot tub at my cost and expense. Can I win this argument? A: In order to give a definitive opinion I would have to review the Condominium documents, your unit deed and the unit plan. However, as a general rule, decks appurtenant to units are common areas of the Condominium for the exclusive use of the occupants of the unit. As the deck is a common area, the Trustees have the sole authority to determine what can be constructed on the deck and/or how the deck can be used. The Trustees authority may be limited by language in the master deed of the Condominium or in the unit deed, which may grant you some additional rights. The fact that the hot tub was installed initially without the Trustees' permission works against you. Also, unless there is an agreement to the contrary, the Trustees can revoke their permission that may have previously been granted. Given that the hot tub leaked once, it seems reasonable for the Trustees to request the hot tub be removed in order to avoid the risk of loss again. While insurance may compensate for the loss, water leaks alone are problematic and time-consuming to deal with. For these reasons I do not believe you would prevail.
Q: I am selling my house and purchasing another house. I have a first mortgage and I have a home equity line of credit. These will have to be paid off when I sell my house. I'm not sure how this happens. Do I take a check after the closing to my lenders and repay the loans? I assume I need certified or bank checks. How do I find out the exact amount I have to pay? Technically, I could continue to write checks on my home equity line of credit even after the closing. How is that handled? A: As the Seller of property you have an obligation to the Buyer to deliver clear title to the Buyer at closing. In order to deliver clear title both loans must be paid in full at the time title passes to the Buyer. However, in most conventional sales, you do not actually make the payments; the Buyer's lender's attorney will make the payments directly from the proceeds of the sale of your house. Prior to closing the Buyer's lender's attorney will be in touch with you to obtain information regarding your existing loans. The attorney will then obtain payoff letters from your banks through the day after the closing. You may be asked to provide a letter freezing the home equity line of credit. At the closing the amount due for the payoff of each loan will be deducted from your proceeds and reflected on the settlement sheet. After the closing and the recording of the deed, the attorney will overnight the payoff checks to the banks. The banks will, in return, deliver mortgage discharges to the attorney who will record the discharges at the Registry of Deeds.
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Get to Know Allston and Brighton, Part II By Sara Rosenfeld Sr. Vice President, Co-Manager of Hunneman & Coldwell Banker In the last issue of Just Property Magazine, I introduced our readers to some of the neighborhoods of Allston and Brighton. As I mentioned last month, I suggest that you take the time to get to know all the different Boston neighborhoods. One of the areas I suggest you take time to look at a little closer is Allston and Brighton. Allston and Brighton are diverse with an international population and many different neighborhoods. They offer a variety of housing options and lifestyles. We suggest you visit the neighborhoods and experience them for yourself. If you would like a free copy of our office's "In and around Allston-Brighton Community Guide", which includes valuable information about these neighborhoods, please call us at (617) 731-2447 and we will arrange to get you a copy! If you missed last month's article, I would be happy to send it to you. Many of us may be familiar with Brighton by shopping in the commercial districts. Brighton's largest commercial area is known as Brighton Center. Along with offering a wide variety of retail stores, restaurants and pubs, Brighton Center is also known for being the site of many other important attractions. St. Elizabeth's Hospital, Brighton's only high school, The Brighton branch of the Boston Public Library, the district courthouse, the area's police headquarters, and the junction of four different bus lines are some of the reasons why you may have visited the Center. The neighborhoods surrounding Brighton Center are very special. Close to Brighton Center is the "Mansion District", named by the locals and recognized as a neighborhood of some of the finest turn-of-the-century Victorian and Colonial style homes in Metro Boston. Surrounding the Mansion District are wonderful neighborhoods of quality single and multi-family houses considered to be very desirable due to their convenience to Brighton Center and the bus lines. West of Brighton Center is Oak Square, which is the convergence of Washington, Faneuil, Tremont, Nonantum Streets, and Breck Avenue along with connecting the bus routes #57 and #64. The neighborhoods surrounding Oak Square are the "Breck Hill" area to the west, "Presentation Hill" to the north and "Faneuil Area" to the east. All of these neighborhoods boast lovely residential tree-lined streets with primarily single, two, and three family homes. Many of the streets in these areas have wonderful views because of the significant hills. All three areas are very popular with commuters since there is easy access to the Newton Center Exit #17 of the Massachusetts Turnpike (Route 90) and Soldier's Field Road. Both Breck Hill and Presentation Hill's streets cross into the City of Newton offering a more suburban setting than most of Brighton. South of Breck Hill is an area that surrounds Chandler Pond and the Commonwealth Golf Course in Newton. Chandler Pond, approximately ten acres big, was originally excavated in 1865 and continues to provide a beautiful haven for nature lovers. The homes surrounding Chandler Pond are primarily single family homes with a smaller number of two family homes. The condominiums known as The Towne Estates border the western side of the pond. This neighborhood is walking distance to Commonwealth Avenue, the last stop of the B-line of the MBTA, and in close proximity to Boston College and the Chestnut Hill Reservoir. |
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