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AdrianaS (California)
Posts: 48
Posted:
Common elements use, interpretation, I need to know if am not from another planet lost in Florida, our building has 28 units, the courtyard has grass and only a small cemented area, with one table and four chairs, always occupied, most of the owners upstairs, place their chairs by their doors on the hallways, on the first floor a few units have porches, those without porches do the same as upstairs place their chairs, on the hallways sometimes under somebody Else's window, one owner moved, because she enjoyed having her window open, but when the next door neighbor would seat by her window, she could see the persons head, hear their conversation and cigarette smoke would go inside her place, she felt her privacy invaded, OK, then two units without hallways, are corners,have only grass outside,no cemented hallways but are not allowed to place chairs or anything,and are the only ones that are in a limited area,nobody but the unit has use for it, their suggestions is that you can place your things on your neighbors porch? and if the neighbor arrives, can find you having a BBQ with friends on their porch, that's fine? But that interpretation is hard for me to undertand?

So I made a test, and took my chair and sat by the Board member's window, he came out, and told me that bothered him, so can somebody explain it to me? documents read" owner has the right of way for ingress and egress to and from said unit and all accessories appurtenant thereto, and also the right of use in the common areas in common with the other occupants thereto" Dont you think to apply common sense when interpreting? I understand we all own the outside, but that we are civilized and should accommodate all, and allow the ones in the corner to enjoy a chair outside? I would really feel invaded if somebody had a party in my porch, not because I own it, but because it feels wrong. I have lived in many places and never heard of this?
GlenL (Ohio)
Posts: 5,491
Posted:
This is hard to answer because from your other posts nobody has determined just what your building is, fish or fowl, condo or co-op. Without seeing your CC&R's I can only speak to generalities but usually in addition to common areas there are limited common areas, these are areas that are set aside for the exclusive use of a particular unit, like a patio or deck. In most buildings it would be a violation to have your chairs in the hallway, possibly even a fire code violation. For the people without a patio, why don't they just drag their chairs down to the common area to sit?

Studies show that 5 out of 4 people have problems with fractions
AdrianaS (California)
Posts: 48
Posted:
Glen, because they dont allow you, once the 4 chairs in the courtyard are taken,you have to wait? We have a large court yard I suggested, the need to possibly have another cement area for additional sitting area, the Board rejected the idea.And if you read my previous problems,they served me with a summons, but my attorney said his not going to litigate for a table and chair his going after their rights to anything since they are not a coop or condominium, but God is costing me money.And request from the judge to demand from them to spend the money, hire a lawyer to have the registration of the property and rules in place. Thanks
SusanW1 (Michigan)
Posts: 5,202
Posted:
Adriana,
Can you get together with someone, maybe a board member, and have them explain your documents?

Especially the part which will state what your individual unit's outside area is.

If you have use of a cement slab outside your back door, then that's where you can be.

Complaints about neighbors noise, smoking, etc. is very common for close living. Not much you can do about that.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Adriana,

Somewhere common sense has to start being used in your condo developement. Sitting outside of someones window would certainly bother me. You say that you have a large paito area but there are only 4 seats? Are you prohibited from taking your own folding chair and sitting there?

Geez, I went on a visit once to help women prisoners get into gardening and I have to tell you, they behaved much better that your condo people. Ya'll need an intervention or something. I am not trying to be smar but the trivial issues seem to get magnified on each post.

So after my unsolicited opinion, I would think that outside of your units might be listed as "Limited Common Area", meaning it is owned by the association but is designated space for ingress and egress for the unit owner who owns the space adjoining it.
AdrianaS (California)
Posts: 48
Posted:
DonnaS,(your opinion is alway welcome and important)

I agree that to seat by other peoples window, with a radio, cigarettes, and the unit owner has no choice but to close the window every time, or for me to use others owners porch? makes no sense to me, yes I could take a folding chair to the area, but we would all be crammed? The area is not that big and as you can imagine, nobody here gets along,and only the trouble makers use that area, it would be an unpleasant situation for many here. But your opinion is always important, please explain to me, when you say an area is designated space for ingress and egress for the unit owner, would, that mean is just the area in front of the doors not the sides? And yes you are right I have never in my 57 yrs, have seen people behave or think like that, am the Board I spend a little money, enlarge the sitting area, so everybody can enjoy outside, not having to seat under peoples window or porch ,dont you think.
Thank you

AdrianaS (California)
Posts: 48
Posted:
The sitting area is not a very large area,we would be crammed.Dont you think that spending a little money enlarging it, would make many happy? If I was the Board, I would rather have owners happy than misserable fighting to enjoy a little sunshine.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Adriana,

I would suggest that you look into the probable costs and submit a plan to the Board with the recommendation that a special assessment be done to pay for the enlarged area. This way, the Board can bring the proposal to the membership and see if the majority agree and are willing to open their wallets to expend the funds.

Tim

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