Unit boundaries

Started by JenniferM4 • 9 replies • 1968 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JenniferM4 (New Mexico)
Posts: 12

Posted:

To my knowledge, no Board has the authority to allow a condo unit owner to expand his/her patio, deck, etc...into the common area. Our property manager thinks otherwise. Help! All owners should have equal access to the common areas, and a select group of owners should not be allowed to encompass more than the original plats/plans designated.

MikeS1
Posts: 668

Posted:

This seems like a no-brainer. His current deck or patio is a limited common element which is designed for the use of the condo owner, but expanding this into the common areas must be a clear violation of the CCR's. Doesn't the PM work for the Board and doesn't the Board has the authority to act on this?

JenniferM4 (New Mexico)
Posts: 12

Posted:

It should be a no brainer! I thought that disallowing encroachment into the common area was Condo Law 101! I'm frustrated that our CAI certified property manager does not have that basic knowledge.

MikeS1
Posts: 668

Posted:

It sounds like it's time to refer to the Condo docs and get the Board Members to correct this.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JenniferM4,

How big is the deck of the owner that wishes to expand it? Is the deck smaller than the decks of other same units?

If the deck expansion is something the Board or community wishes to permit, the owner who does so should have to pay for the maintenance and replacement of the materials used beyond the original footprint.

This alone causes great deal of administrative work, and would require a waiver of liability.

GeraldT1
NNJ

JenniferM4 (New Mexico)
Posts: 12

Posted:

No, all of the patios are the same size for that particular type of unit. To allow the expansion, would enable the unit owner to take in an additional 20-30 sq ft. of the common area. This would make his/her patio much larger than the rest of the other units' patios.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JenniferM4,

Thank you for explaining. Allowing it would also make the possibility of everyone else's patio larger as well, would it not? The impact of that needs to be envisioned by the Board and community prior to permitting the expansion. Are we talking about decks or patios?

GeraldT1
NNJ

JenniferM4 (New Mexico)
Posts: 12

Posted:

Unfortunately, no--not all condos are situated in such a way that would allow for expansion of his/her patio. That's another reason I am questioning this practice--it allows only a certain group of owners the ability to take in more of the common area

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JenniferM4,

I'm not in favor of private improvements that encroach into common area/jointly owned. I do however appreciate the need for reasonable improvements by owners.

The existing footprints of buildings, as you say, are not situated to allow for everyone to expand. Therefore, you already have a situation of have and have nots. The owners that may be able to take advantage of their situation to expand bought wisely.

Any decks/patios that are expanded are still owned by the Association. In that way, everyone benefits by the expansion because a new owner may see it as an upgrade and pay a little more.

I'd be more worried that the expansion does not encroach on surrounding decks and still affords owners privacy and enjoyment.

What's going on in the common area, how much use does it really get?

GeraldT1
NNJ

GlenL (Ohio)
Posts: 5,491

Posted:

Posted By JenniferM4 on 01/28/2007 12:33 PM

To my knowledge, no Board has the authority to allow a condo unit owner to expand his/her patio, deck, etc...into the common area. Our property manager thinks otherwise. Help! All owners should have equal access to the common areas, and a select group of owners should not be allowed to encompass more than the original plats/plans designated.

Jennifer this is our original Declaration on the matter: Alteration of Common Elements. Nothing shall be altered or constructed on or removed from the Common Elements except as otherwise provided in this Declaration and except upon written consent of the Association.

The State of Ohio amended the law a couple of years ago and we added this: Subject to rules the Board of Directors adopts pursuant to Section 5311.081(B)(5) of the Ohio Revised Code, the Board may authorize the use of Limited Common Elements, as distinguished from the Common Elements, for the construction of open, unenclosed patios, hedges, decks, fences, or similar improvements provided that the improvements are maintained and insured by the Owner of the Unit to which the Limited Common Element is appurtenant. The construction of an addition to or an expansion of a Unit into Limited Common Elements or Common Elements may not be authorized without the consent of all Unit Owners.

Notice any expansion requires the consent of ALL Unit Owners.

Studies show that 5 out of 4 people have problems with fractions

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here