Annexing Unused Spaces

Ever since the our Condos were build, homeowner have been making modifications to the INSIDE of their units. For those who live on the top floor, they had discovered large unused attic spaces. Many homeowners have converted them to storage while other converted them to lofts. The Charter of the HOA Architecture Committee and our CC&R’s state clearly that they Association only has the authority to approve outside and common area modifications. Plus the HOA are responsible to insure that no homeowner will make changes that would affect structural integrity or sound proofing of the building. One person used the unused attic space to create a bedroom loft and even added windows where attic vent slates were located. The present HOA Board membership were aware of these modification while he was completing them. Other past Board members have also chose to ignore other annexing of unused space when they discover them. Realtors companies use these modifications as a selling point to prospective buyers. Base on this history, can an Association asked these units owner to close off these spaces as they are part of the Association? Why I asked is our “trouble making” Board President is pursuing file legal action (Injunction and Restraining Order) against a new homeowner who is in the process of making such modification. The homeowner has the proper approvals from the City to go ahead with their project and has already made significant upgrades to the plumbing, electrical and so forth.

Part of me says, "So what?" but there is some reason to be concerned. The attic spaces allow air to circulate underneath the roof and closing those spaces might possibly effect the life span of the roof sheathing. The guy who changed the vent to a window may end up causing some real problems, such as rotting the sheathing from within.

It sounds like your CC&R's failed to be specific enough about what space is owned and what is common. Is your president also going to go after those owners who have already completed their loft conversions?

The condos were built in 1979-80. They consist of 180 units. There are 48-1BD, 60-2BD and 72-3BD. There are 36 3BD on the top 2nd floor. One third of 1 and 2 BD are on the top third floor. So this affects 72 units. If you want more information about the property, you can go to our News site http://harbourvistanews.com.

Section 1.42. Unit. "Unit" shall mean the element of a Condominium not owned in with the Owners of other Condominiums in the Project. Each of the Units shall be a separate sublessehold estate, separately shown, numbered and designated in the Condominium Plan. Each such Unit consists of a living area space or spaces bounded by a contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, and doors, together with a separately defined area of apace for a garage, as shown and assigned in the Condominium Plan. In interpreting deeds, declarations and plans, the existing physical boundaries of the Unit or a Unit constructed or reconstructed in substantial accordance with the Condominium Plan and the original plans thereof, if such plans are available, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan or Declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries as shown on the Condominium Plan or defined in the deed and Declaration and the boundaries of a building as constructed or reconstructed.

? what issue ?

from the OP's 'governing docs' ~ http://harbourvistanews.com

(as per the OP's previous post)

The association should do now what it should have done in the first place.

All expenses for the following should be paid by the unit owners who made the modifications.

Inform your insurance company of the changes, and start paying the new rate. You now have a different building compared to what you told your insurance company before, including more heated square footage in your buildings and different building usage to cover. These unit owners pay for this now and going forward.

Hire an architect or licensed engineer to review all modifications. Get approvals from the city. These unit owners pay for this and must make any recommended changes.

Do your own review for noise, visual, and anything else pertinent to your documents.

Have the fire department and city code enforcement inspect the areas, for fire safety and fire exits.

Do all of your current owners pay dues according to square footage of units? More bedrooms mean more expenses, density, parking, wear and tear. Find a way for these unit owners to pay more expenses going forward.

Get a complete legal review of your documents, property law, and case law. This affects insurance, encroachment, expenses, plat, disposing the common areas, amending your documents, and more.

Find a legal way for these unit owners to occupy this space, either by selling the space to them, or by changing the area to a limited common area. This will involve amending your governing documents if passed by a vote of the owners. You will need to come up with amendment language, drawings, re-plat, legal description of the area (done by licensed architect or engineer), new boundaries, new square footage, new expenses, etc. When the vote is taken, inform all owners of the architect report, insurance and expenses are being paid by these unit owners. These unit owners pay for everything involved in the amendment process.

The association has to do it right, but in the end, it can be win-win with these owners paying more in common expenses, and improved property values.

The attic space may not be capable of any load except transitory maintenance loads.

Best the people stay out of it.

Here are answers to several question.
First, these condos are in Southern California a mile from the Beach (Huntington Beach)
2nd, I am not a Board member. Though I was on the Board a few years ago. I publish with the help of some other residents our Condo Newsletter as I referenced above.
3rd. According to the State of California, the vents or windows fulfill the same purpose in the attics and our City has no problem with either. This is Southern California by the Beach.

What I am concern is Our Board is a little crazy. These modification seem to have cause little to any harm. Where know by previous Boards did not care and these modification have gone on too long for any type of action to be taken. But our Board is Crazy, and lawyer might figure it a way to make money.

I personally like this answer that was posted by JeffT2 best as there is little harm to residents:

"Find a legal way for these unit owners to occupy this space, either by selling the space to them, or by changing the area to a limited common area. This will involve amending your governing documents if passed by a vote of the owners. You will need to come up with amendment language, drawings, re-plat, legal description of the area (done by licensed architect or engineer), new boundaries, new square footage, new expenses, etc. When the vote is taken, inform all owners of the architect report, insurance and expenses are being paid by these unit owners. These unit owners pay for everything involved in the amendment process. "

But our Board is crazy. They should've never brought this up. I think our Crazy Board will be another subject for discussion.