Definition of "Master deed"

Belinda Agosto real estate agent

Written by

Belinda Agostoelite badge icon

Premier Sotheby's International Realty

The term master deed is a deed filed by a condominium developer or converter to record all of the individual condominium units owned within a condominium development. For example, a condominium developer secured a piece of property for the purpose of developing a condominium complex. The developer then recorded a master deed showing the individual condominium units within the complex. The master deed also includes restrictions and covenants that are imposed on the individual unit owners.

The owner or developer must prepare the master deed before it is recorded with the responsible authorities (i.e. government office from the area’s jurisdiction). With the master deed, the developer has to portray how the individual units are divided and where the proposed development’s common areas are located. Like that the appropriate authorities become aware of what is considered an individual unit and what is a common area within the condominium. The master deed is also where the restrictions regarding the use of the property are specified.

What is a Master Deed in Real Estate?

Similar to other deeds, a master deed describes the property through both its legal definition and the address. However, contrary to other deeds, a master deed explains and underlines how the developer divided the property into individual units. Furthermore, on a master deed, it is specified where the common areas can be found within the development, condominium, or townhouse while also giving legal ownership of those areas to the individual unit owners. By common areas, we can understand grassy areas, parking lots, walkways, hallways, but also facilities like laundry rooms, pools, etc. The maintenance of these common areas falls under the responsibility of the condominium association that includes all the unit owners. The same happens with major systems like cooling and heating. These responsibilities often come in the form of monthly fees that cover maintenance and upkeep.

Comments for Master Deed

Joe Burgin Joe Burgin said:

dev gave up last lot of condo association to assciation. Who changes the master deed? Does dev have to put in writing his packing up? What should

May 26, 2024  15:18:27

 
Real Estate Agent

Hi Joe! Thank you for contacting us!
Once established by the developer, the master deed primarily outlines the condominium's property details, including individual units and common areas. After the developer hands over control to the condominium association, the association usually becomes responsible for any changes to the master deed.

Changes to the master deed typically require a legal process that includes a vote by the association members as per the rules outlined in the original master deed and the association's bylaws. The developer must formally document the transfer of any remaining lots or units to the association. This often involves legal documentation indicating the developer's departure and transfer of control.

This documentation should be in writing and appropriately filed with the local government or housing authority to ensure that all records are updated and the transfer is legally recognized.

I hope this clarifies the process for you!

May 28, 2024  10:30:09
 
Donald Donald said:

I am trying to refinance my condo. There are only four units in our complex. My lending company says there are 12 units on the master deed and that influences the way they loan on the individual property. All the proper additional property has been sold at least 20 years ago. There is only four units left.

Jun 23, 2023  11:47:08

 
Real Estate Agent

Hello Donald! 

Thank you for getting in touch with us!

Refinancing your condo is always a great idea to get a lower interest rate or change your loan term. However, there are cases when refinancing is almost impossible. For instance, if your condo qualifies as a fractional or segmented ownership project or belongs to units with split-ownership arrangements.

Every bank establishes its loan policy differently. But it might be a good idea to shop around and check whether other lenders can offer you more competitive terms.

Our safest bet would be for you to contact a licensed real estate attorney or mortgage specialist to see how a master deed can influence your condo refinancing plans.

Jun 30, 2023  08:35:08
 
Cindy Cindy said:

Can a Master Deed be in the name of an incorporation?

Mar 20, 2023  15:29:39

 
Real Estate Agent

Hello Cindy, thank you for reaching out to us!

The Master Deed, or Condominium Declaration, defines and governs the Condominium Association (similar to a homeowner association.) The collection of covenants determines the units and represents the percentage of ownership interests.
The Master Deed articles may differ from state to state. For this reason, we recommend contacting a real estate attorney. With all that said, it is a common practice for incorporations, corporations, and companies to own to hold a master deed to a condo. Note that entity-owned condominium units may be banned from submitting a candidate for the board of directors as condominium ruling documents often limit board representative eligibility, and only actual unit owners can join.

Mar 21, 2023  06:02:54
 
Frandisco Eizmendi Frandisco Eizmendi said:

How can I see Master Deed of a Townhouse Development?

Jul 08, 2021  10:09:29

 
Real Estate Agent

Hey Frandisco! Thank you for reaching out to us. While the master deed may not be the document most homeowners pay attention to when purchasing a condo or unit, it is the most important. What you have to be aware of is that while the master deed of the entire development should be made available to owners for examination, there is also the master deed of each individual unit that you should have received at the closing of the purchase. In case this did not happen, you have every right to request it from the HOA or the developer. In case they can not provide it for you the Town Hall should have a copy as it is a legal document. The tax assessor should also be able to help as they must have a copy of it. Hope this helps and best of luck!

Jul 08, 2021  12:02:13
 
Smith Smith said:

What is master deed

Mar 06, 2020  06:06:20

 
Real Estate Agent

Hello Smith! The master deed is also known as the condominium declaration or the declaration of condominium. This document is used by condominium developers to record projects and set what is considered part of the unit and what is “common area”. Also, the master deed includes a list of “rights and obligations” for the unit owners as well as a master floor plan.

Mar 31, 2020  12:51:43
 
Connie Connie said:

Does a Condo Master Deed have to be recognized by a municipality?

Apr 08, 2019  01:14:19

 
Real Estate Agent

Hi, Connie! Yes, the master deed must be recorded with the local registry of deeds. It's the only way to tell authorities what is considered common area and what is part of a unit or condo. Keep in mind that condos are also subject to property taxes later, so the assessor and the appraiser will need to know the gross living area of each condo in order to make the right calculations. 

Apr 09, 2019  06:39:53
 
 
image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Same as term development: Process of developing an area by planning and building homes, shopping centers, schools or churches. The development process includes the construction of streets, ...

Governmental body that reviews property tax assessment procedures. ...

Depository institution, such as mutual savings banks. If organized as mutual associations, depositors are shareholders, They offer mortgages. ...

The total return from holding a real estate investment for the holding period of time. The computation follows: For a mutual fund investing in a real estate, the return is in the form ...

Pit or cavity built into the basement of a building to avoid or minimize flooding. It allows for the drainage of excess water and moisture. ...

A reduction in structural value from all reasons except physical failure. For example, a commercial building having an outdated elevator or electrical wiring system is experiencing ...

Heading of a document, such as a real estate report. ...

Relating to trees or shrubs normally found in temperate climates. Deciduous trees shed their leaves in the fall. Deciduous woods such as pine, oak, Maple, redwood, and spruce are widely ...

Right of tenant to make use of a property's wood or food producing capacity to provide for his or her own necessities. ...

Popular Real Estate Questions