Business condo owners can have their cake and eat it too

Austin Business Journal - August 3, 2007

By Bill Locke

Contributing writer

The condominium ownership concept has now effectively moved beyond residential. In Austin, business condominiums are part of the New Urbanism movement, or projects that combine residential and business uses. The condominium concept is being expanded into Austin's central core with the advent of multistory high rises, layered with ground and second-story retail, midlevel offices or hotel space, and top-level residential condominiums, some that include penthouses.

These projects have the benefit of professional management and the common business judgment and expertise of the owners of the condominiums inside the project.

Condo law suited for business condominiums

Business condominium users have ownership over their business' sales or service space, and share ownership of common spaces, such as grounds, buildings and parking, with other condo owners. Texas condominium law is very flexible, allowing decision making, cost sharing and common area ownership to be allocated all together or each in different ways. For example, in a 32-unit project, each condominium owner can have one vote, but cost sharing is allocated in by the ratio of the unit's square footage compared to the total square footage of all units. Agreements can be crafted such that condo owners in one building can be made solely responsible for improvements or amenities unique to their building. For example, the cost of maintaining an elevator in a multistory building located inside a project that has both multistory buildings and single-story buildings can be the sole responsibility of the owners of units in the building that contains the elevator.

Flexible sales and design components

Business condominiums, similar to leased office and retail space, are marketed as unfinished shell space, with buyers hiring their own architect and contractor to finish out the space or with a project developer providing construction of the finish out. Components such as parking and storage spaces can be set up for ownership and sale apart from the shared common areas. Projects can also be restricted to certain business objectives of the owners, such as limiting the use of the units to medical-related professions.

More value in multiunit construction

Office condominium owners can get higher quality construction and materials then they would could in a small freestanding building. A buyer in an office condominium project has the benefit of economies of scale. For example, one developer reported that since it is completing 50,000 square feet at one time, buyers save roughly $10 per square foot on their build-out costs. An owner of a business completing a small freestanding building would spend nearly one year obtaining site plan approval and may have difficulty assembling a development team. New office condominium projects in the Austin area sell for $210 - $300 per square foot with annual unit share of operating costs for common areas, such as building shell, landscaping, parking areas and gates, running around $1.50 - $3 per square foot of a unit. Office unit owners are separately responsible for their unit's utilities, cleaning and insurance of build-out upgrades. Additionally, office condos typically look more residential by incorporating stucco facades and tile roofs versus the more typical cold technical feel of rental space.

blocke@gdhm.com