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BobM5 (California)
Posts: 34
Posted:
I am the president of the HOA board of a condo complex in Palm Springs, CA of a development built in 1990. The original developer and later boards allowed homeowners to enclose their patios and balconies, which were originally designated in the CC&R's as "exclusive use common areas." As a result, we have a variety of enclosures, some of which include the removal of existing exterior walls and construction of dry wall extensions. Others are simply prefab enclosures around the existing exterior patio walls. Some people have removed the original sliding glass doors to their patios/balconies once they've been enclosed.

The CC&R's make no reference to this other that to state that all exterior modifications must be approved by a committee.

We are currently working on the Rules and Regulations. I would like to suggest that no enclosures be allowed in the future and that any existing prefab enclosures may not be rebuilt and must be removed when they no longer meet the needs of the occupant or detract from the look of the complex.

We also have an issue regarding at which point does an "exclusive use common area" become part of private proparty.
JM2 (Oregon)
Posts: 439
Posted:
Hi Bob:

You will probably want to run the rule by your association's lawyer before enacting it; probably best to do it by a resolution. You might also check on the issue of the issue of whether these additions convert an exclusive use common area to become part of the Unit.

You may want to include the removal of the prefab enclosure prior to resale of the condo; something to think about.

J. Patrick Moore, CMCA
GloriaM (North Carolina)
Posts: 829
Posted:
Bob:

From my understanding the term "exclusive common area" would mean that it is exclusive to the Owner. Like a "Limited Common area" would be shared between the Owner and the HOA. These balconies/patios are the exclusive right of use of the Owner.

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