Enclosed Patios and Balconies

Started by BobM5 • 1 replies • 1578 views

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BobM5 (California)
Posts: 34

Posted:

Our complex in California is 16 years old. Per the CC&R's, patios and balconies are exclusive use common areas. Over the years, past boards have approved enclosures for many units' patios and balconies. Some are prefab enclosures; others are permanent stud and drywall enclosures. All were done with building permits from the city. As time has passed, some owners have removed the sliding patio doors between their units and enclosed patios and balconies.

My question: Does enclosing an exclusive use common area change it's status to now being part of the unit? What effect does the removal of sliding patio doors have? I'm sure other complexes have faced this issue: how did you deal with it? Thanks.

RogerB (Colorado)
Posts: 5,067

Posted:

Bob, I would ask whether these common areas were deeded to the homeowners by the association (not the Board). If not I do not think the Board had any authority to approve the enclosures.

With regards to your questions:
Does enclosing an exclusive use common area change it's status to now being part of the unit? Not if it is still a common area.

What effect does the removal of sliding patio doors have? If it is still a common area I wouldn't want to have an opening into my home with no door.

How did you deal with it? Good question; I wouldn't want to try to correct this serious error made by a previous Board. But certainly would not continue such a practice in the future.

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