Bylaw Interpretation

Started by JenniferM4 • 5 replies • 1450 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:

Is designating certain common elements from time to time as "Reserved Common Elements" the same as allowing unit owners to expand their patios into the common area? I say no--I feel that this power given to the Board was for the sole purpose of "Reserving" common elements for the temporary use of a unit owner. For example, reserving a clubhouse or setting up a tent in an open space for a social gathering. Other Board members construe this as having the authority to grant encroachment in the common area. Comments please!

GlenL (Ohio)
Posts: 5,491

Posted:

Limited common elements are usually common elements set aside for a homeowner's exclusive use such as a patio or balcony. They are usually spelled out in the CC&R's and in OH may not be expanded without 100% homeowner approval.

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

MikeS1
Posts: 668

Posted:

If the owner permanantly encroaches on the common area when they build the deck/patio beyond the limits on the original patio (which is considered limited common area); then this sets a bad precedent in so much as the encroachment after several years might become what the legal experts call a "prescriptive easement". Somebody needs to wakeup the Board.

JenniferM4 (New Mexico)
Posts: 12

Posted:

Thank you both for your comments! I became a Board member because past Board members knowingly violated the governing documents and misappropriated funds. One of my fellow Board members thinks that we should allow the owner's request to expand their patio into the common area because: 1) Past Boards allowed it; 2) The Board needs to be "neighborly"! As stated, this would require 100% approval of the homeowners! Ambiguous Bylaws lead to misinterpretation, but as someone else said, "It's a no brainer!"

MikeS1
Posts: 668

Posted:

You go.. Jenn... Some of the HOAs have attorneys on retainers. Might this be the case with your HOA? Good luck.

MikeS1
Posts: 668

Posted:

Here's a great article that has a great example on how this Boards decision may come back to haunt them. Check this out. http://realtytimes.com/rtcpages/20020830_yourland.htm

🎯 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