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Updated about 9 years ago on . Most recent reply
Help! Duplex deeded as condo with no HOA in TX
We are looking at buying a duplex. We've been informed that, while the property is a multi family, it (and a couple other properties) were deeded as condos. The HOA was dissolved many years ago leaving the condos without an association, but they cannot be classified as multi family because they don't meet the current code standard of having a firewall between the units.
We were told that we have the option of reclassifying it as 2 attached SFR, but are not sure of the process or what ramifications this would have on us down the road when we try to resell.
Can anyone offer some insights?
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Hi David, what's the zoning like? Is it multi-family or two-family? Are there separate zoning districts for two-family duplex? I think you're going to have the same issue with SF attached as the fire barrier/wall is what makes each unit a separate unit. In other words, according to the IFC, that firewall means there are two buildings there. Do both units have their own ingress and egress points? I'm not familiar with how the city you're working in classifies SF attached, but usually this would require that each unit be on its own separately platted lot with the lot line down the firewall. This would mean that if you wanted to sell the building in the future, you'd be selling two lots. If you're wanting to keep it as a duplex, I'm not sure what the issue is if you're not going to do any work. Just bear in mind that if it burns down, there will need to be a fire wall when it is rebuilt.