I am an owner at a condominium where the installation of washers and dryers are not allowed in the units nor can they do any renovations (knock down walls etc.) without first getting permission from the Board of Directors and possibly a building permit to do the work.
A unit owner has installed stackable washer/dryer and knocked down walls to enlarge rooms and is now selling his unit. We just found out about the work done in the unit when there was an open house and the realestate agent showing the unit knew this was illegal and even mentioned it to one person looking at the unit. The realestate listing sheet given to people said Washers and dryers on each floor as added info. But didn't refer to the washer and dryer being in the unit. The unit was a 3 bedroom and the owner removed a wall and mad it into a den. The listing also mentioned that new owner can replace the wall to enclose the room that was enlarged. Our documents have loopholes but strictly refer that no additions, modifications, alterations renovations can be done to the unit without first getting the permission of the Board of Directors. This work also required a building permit to install it. I doubt that was done either. So now the question is, is the realestate responsible to advise the owner she can't sell the property because they know this is not allowed and the new owner possibly may be held responsible for the removal of them. Doesn't the agent have to have a copy of our documents so potential buyers can review them first and also for the agent to review for restrictions??? This could turn into a big legal mess involving all parties. Should there be a FULL DISCLOSURE made out for this sale?? Our Board is now checking into if the owner got a building permit and if not then we can call the city inspector in to investigate for violations. That will hold up the sale of the property and the existing owner will have to remove the appliances and put the renovations back to the way they were.
This is a big mess but involves the law and ethics policy for realestate agents.
HELP-----

In most cases the sales agreement does call for the purchaser to review the condo docs as a condition.

Yes, the Realtor should be disclosing that the unit may not comply with local building codes (lack of permits), or the condo bylaws. Typically at the earliest time. However, they may wait until a prospect shows further interest before disclosing. This might be reasonable considering the implications.

Any non compliance will either be cleared up by the present owner, or assumed by the purchaser.

The condo assoc who has just learnt of any infractions, will have a means of addressing such through thier bylaws.

thank you so much for your information, you have been very helpful.

Incorrect!
This must be the agent you spoke of in the other posting you made and reading the two postings gives a better understanding of the situation. You appear to be the receptionist for the complex and the agent appears to bypass you since other owners give her keys for direct showings. This does not appear to sit well with you and explains your animosity toward the agent.

This has nothing to do with the agent. The owner made the modifications and worst case the inspector would issue a fine for no permit if one was required as removal of an internal non-structural wall may not require a permit and this may not block any sale. Sound like your condo association is way too anal! Most allow for interior modification as long as no structural changes are made..God help the poor owner that wants to put granite countertops and new cabinets in and remodel their kitchen!

Thank you for your feedback, honest and direct. I must correct you on 2 points. First, I am not a receptionist at the condominium but I am an owner and past board member and we have had these issues for a few years now and we are just trying to cut down on the offences not be ANAL. We probably should have a rental office so this won't be a problem anymore and any future renters must go through the office for them to show the unit and advise them of the rules, parking etc. Problem solved. Second, The Agent in question is not the same agent that I was mentioning in another post. Our condo association documents are 30 years old and our buildings are not set up for washers in the units, nor for dryers. Our condo association is not ANAL as you put it---just this is a liability on our insurance policy and is an accident waiting to happen for the owners below and around the one with the washer and dryer. We are just trying to find out what is the proper way for a real-estate agent to handle something they know will come back to haunt the new owner. I don't need to get into the renovation end of it--just the proper behavior and actions of a professional real-estate agent who is aware of the illegal changes, that is all.
Again thank you for your input.

Shouldn't the seller take responsibility for his actions? Why are you blaming the agent? What exactly, do you wish the agent to accomplish, here?

I am not blaming the agent totally, not even blaming them, and of course the owner has to take responsibility for their actions, I just was asking about the real-estate end of it. we can take care of the owner and his lack of responsibility regarding his violations to the documents. I guess this isn't going anywhere. I appreciate all your input. thank you for your time. Subject closed.

Your profile says receptionist. The agent has done nothing wrong but that it seems is not the answer you wanted.

Also you say you are just a unit owner and a past board memeber...it seems that despite not being on the board any longer you still feel the need to insert yourself into business that is not yours.

Sometimes...well, a lot of the time, condo associations can make rules that contradict with state law. If this is a true condominium, I doubt a judge will side with an association that prohibits any and all modification.

By definition, the owner owns an "air lot" that includes all area from the outer walls, floor and ceiling inward.

As for the W/D situation, that could go either way, but I would tend not to agree with the association.

So, the only problem that I have with the situation is the permits. That ultimately has nothing to do with the association.

Finally, Gerryl- with all due respect, I think this boils down to a personal problem between you and an agent who lives in your development. From this and your other post, it seems like you are trying to "trap" this agent into committing a crime.

There will always be personality differences in neighborhoods, within associations, and certainly at condo developments. However, looking for a loophole to turn a personality conflict into a legal or ethics issue is not really right.

This agent may be unconventional, and you may despise her. That really doesn't matter much. How do her clients see her? Is she an effective agent? Does she still communicate with the her clients that still live in the building? Has there ever been more than one complaint from folks who have used her to buy/sell their unit?

If the answers to these questions are no, you need to let it slide. These types of personality conflicts are what gives close-knit community associations (such as condo associations) a bad name.

thank you for all your input and valuable information. Because I am not a professional real-estate agent I didn't realize what the bounderies were. I guess as an outsider I just was looking at the professional end of it and not the legal end of it and what I could help to get corrected by passing on information to our management or Board. Sorry for ruffeling a few feathers that was not my objective, I just was looking for information and you all laid it on the line with me. I learned quite a bit. thank you all again for you input and I think this subject can be closed. I guess that I needed to be put in my place --no problem there.