Wanting to form contract or HOA for Townhome/Duplex

[darbpunk]

What is the name of your state (only U.S. law)? Oregon

We are planning on selling our place here in Oregon, and a question has been asked a couple of times by some potential buyers. They are wondering if there is an HOA or contract with our neighbor about upkeep or maintenance. We own half of a townhouse/duplex and when we bought it, there was no contract in place. So in theory, if the house needed to be painted, I would have to approach my neighbor to ask him to chip in. If he refused, the only options I would have are to not paint it or pay for it myself. So I understand a new homeowner wanting to clear this up. (I wish our realtor would have done the diligence for us at the time.)

So the question I pose to you guys, is there somewhere I can find a sample contract to get started on making a formal agreement so I can make sure we are squared away with potential future purchasers of the house?

Thanks!
Dan.

 

[FarmerJ]

Dan if your nieghbor is agreeable to have a written maint agreement that you pay for drawn up by a atty and recorded to the property then you would be all set. The least restrictive agreement possible Ill bet is the one they agree to. BUT you need to learn a few things first , before you go to see a atty. Like is this property served by one or two sewer taps, is the property served by one or two electrical feeds ? what about main water line up to the point of metering is it one or two? Any of the items I mention if they are shared then you need to learn from the utility what is expected when a failure warrants replacement lines as well as what your city ords are. Also you would need to talk to atty about including easements into the property regarding utility connections that must cross the other partys lot to service the structure. Beside basic stuff like maintaining the roof in such a manner that it doesnt cause damage to migrate to the other owners portion of the house, Or driveway sharing? ALL those things would be something to talk to a real estate atty who has experiance in HOA / Condo law about. Then you can go well prepared when you put on your salesmans hat and talk to the nieghbor. INC simple things like if one party wants to put up new siding so there is no more painting and the other just doesnt have the money to do more than paint would each owner be okay with repainting until such a time that 50 % or more of the entire structures siding and trim needs replacement ? ANY thing is possible but theres a chance the more restrictive the maint agreement is the harder it will be to sell the idea to the other owner!