“Transition” is the process by which the control of an association or building, together with responsibility for that association’s, or building’s, common elements, property and/or facilities, is transferred from a declarant, developer and/or sponsor to the owners or shareholders. Transition is a significant time in the life of a condominium, homeowners’ association or cooperative.
There are two aspects of transition – transition of control; and transition of responsibility. We advise, represent and assist our clients with each aspect. We ensure a sponsor’s, declarant’s and developer’s compliance with all state and federal laws, along with local laws and ordinances, in relation to the transfer of control, turnover of plans, specifications, documents and other items and connected with the funding of the community’s reserve funds, budgets and operations.
We aid clients in preparing a timeline for the transition process, setting transition-related goals, and helping stay focused on those goals throughout.
We also help our clients investigate, and address, any defects and/or deviations associated with the construction and/or development of the common elements or property. We advise our clients how to interview and select their transition-related consultants such as engineers, architects and accountants, and how to properly maintain the property and preserve our client’s rights during transition.