Can a duplex be converted to townhouses in FL?
Member since 2019 · 4 posts · 0 votes
I have duplex that has been converted to two condos and I own and live in one of them. After the conversion, we found out mortgage rates and insurance are higher for condos not to mention having to maintain a condo association. I really wish the building would have been converted to townhouses (villas) instead to simplify everything but we were told by the attorney that did the conversion that converting to to condos (instead of townhouses) was the only option. Any idea why?
A townhouse is an architectural style, not an ownership or subdivision type. When you are talking about subdivision there are two 'types' (obviously very simplistic description for this post).
'Fee simple' ownership means you own the unit, its land and everything supporting it.
The other is 'common interest', which can range from homes on lots to individual condos in a building. In these you own your unit along with some shared ownership interest in either the land, the facilities or the structure etc.
There are several possible reasons why you may need to implement a condo vs being able to subdivide into fee simple ownership:
Construction: This may not be feasible because the construction of your units includes some shared use or facility that can't be handled via an easement. For example the dividing wall may be a single stud wall that neither side can 'own' without negatively affecting the other. Or your sewer lines may be shared underneath the home...an easement could be a possibility for a shared sewer, but it becomes more complicated if they are shared below the slab where you'd essentially need to access someone's home...
Zoning: Setbacks are written for the perimeter property line. If you have a duplex with the outside setbacks everything 'works', but if you split the lot down the middle then you now need to implement setbacks along that property line too. If the zone you are in doesn't include a provision for "0' setbacks' then subdividing as fee simple could require you to physically remove the middle piece of the house to meet the setbacks. This could also apply for minimum lot size, minimum frontage or inability to access a public street from one or more of the proposed units. Basically does the zoning code provide the flexibility to do this.
Land Use: It's not common, but sometimes the use in the zone could only allow MFR units and not SFR units (essentially you can build a duplex or larger but they would prohibit building just a house). In that case if you subdivided you'd be creating a single unit per lot e.g. a shared lot line SFR, where with a condo the single lot with its multiple units remains in compliance with the 'use' of the zone.
Obviously these are overly simplistic descriptions of the types of considerations, but these really are all reasons I've completed condo conversions for clients instead of fee simple ownerships at times. The best way to understand would be to ask the attorney why fee simple subdivision isn't an option in your case.