Expert: liznarr - 12/19/2007

Question
Can a twindominium, via a split deed, be converted back into a duplex? My
husband and I want to buy one side; both sides are owned by bank, which
foreclosed. Insurance in Fla. is much higher for a condo association. Our
Realtor said we could ask the foreclosure bank to split the deed. There still is
a risk with the common wall and roof, but we'd have that risk anyway w/
condo association, if neighbors homesteaded and then didn't pay fees, right?

Answer
Hi Stacy,

Your question is more of a legal one, and I am not qualified to give you legal advice.  I am sure, however, there would be legal issues to address to convert a twindominium back to a duplex.

Not knowing all the facts in your situation, I will give you some of my thoughts on the matter.

1.   Is the current twindominium one of numerous twindos within one association or project?  If there are multiple “twindos” in the entire project, I would think you could be facing quite a task to convert one-half of one unit.  

If the twindo you are considering is only “one of one,” then addressing your issue might possibly be a simpler task.

2.   Is there a condominium declaration, akin to a true “condo” horizontal property regime, in place?  If so, the language in this document should address rules.   I would suggest your starting point would be locating this document and having an attorney review it for you and advise you.

3.   Is there also an owners’ association and/or covenants and restrictions in place of which your unit is a member?  This would also need to be addressed.

4.   As with any binding legal document, one party … via another separate, unrelated document (such as a deed in your example) … cannot override a separate, valid condo/twindo association document, UNLESS all parties to the original document (or all the current owners) were to agree to do so and the legal aspect of the formation of the twindo were legally dissolved.

You are correct in your observation that even “IF” ownership of the sides of this property were separate and not classified as a twindo, you would still have the matter of a common wall and roof to address.  

Yours is an interesting question in that I do not believe I have ever heard of a duplex having separate ownership of each side.  This could be where the twindo concept was born.  In many instances, a duplex owner might live in one side and rent the other out – or an investor might purchase a duplex and rent both sides out.  In either of the preceding examples, one insurance policy covers the entire duplex structure.

I am copying two links below that have some informative info regarding twindos.  Generally speaking, to “undo” the legality of the previous formation of a twindo, the entire process would need to be somehow reversed.

http://www.riverwestcurrents.org/2004/November/002263.html

http://www.riverwestcurrents.org/2004/November/002264.html

Again, I would strongly recommend obtaining legal advice and then considering your options.  When you have more answers, you can then determine whether or not the time involved and any legal fees you would incur in trying to accomplish your objective would justify the offset of the higher insurance you would pay if this unit is what you are seriously considering.

Good luck to you, and write again if you have additional questions.

Regards,
Elizabeth