Backyard Area Access in Condo Complex

I live in a small condo complex with 3-4 units per building. Our association decided our backyards were our own private areas; however, I am having trouble with access to my space. My neighbors on one side have totally cut it off, and the association decided the other neighbor should provide access.

Can you tell me if there is some kind of Colorado state of Federal regarding same? What is reasonable? We are all gardeners and it takes at least a 4 ft clear path to get a wheelbarrow through. My neighbor feels I should carry everything through my condo to get to my backyard. Can you imagine carrying flats of flowers, fertifizer, etc. through one's condo to get it to the backyard? She won't even let me wash my windows that face her yard, and complained when I opened those same windows to get air into my unit.

She wants to build an 8' fence, which will make it feel like I live in a jail, limit my view and jeopardize the safety of my unit. Supposedly our condo association says she can do anything she wants to if I agree. I did not agree, but she continues to harrass me about accessing my yard from hers, etc.

Part of our backyards actually belong to a big landowner who has said if we keep it up, he has no problem with us using the area. However, shouldn't any access to my unit be on our own property? nfortunately, we do not have a survey to show just where his property is and where ours starts. At this point, we are only guessing.

How unusual - People move into condo's in order to get away from the yardwork, but more importantly, this whole idea of the unit owners maintaining the common areas sounds like a prescription for trouble. What's actractive to one owner, might not be attractive to others. Usually a condo unit owner owns and uses the space within the dwelling and perhaps a deck or concrete patio might be termed as limited-common area where it's designed for your exclusive use, but it's usually owned and maintained by the CA. I would check your CCR's and see what it says about the common areas and grounds. Usually ALL the grounds around the building are considered to be common areas to be used and enjoyed by any of the owners. By allowing unit owners to maintain the common areas and build fences, you all might be setting yourselves up later for what's called a "prescriptive easement". (google "prescriptive easement"). ... and that's not a good thing.

Joann:

Roger gave some good advice on redefining the property boundaries of your condo assn. Contact the local municipality office in which you reside, ask to see the Plat Plan which will show the dimensions for each condo unit at time of development. You can also check with the county on whether the CC&Rs were amended re the 'backyard' of each unit. If an amendment was filed, each owner should be given a copy.

It is important to indicate your state when posting a question. For example Jo-ann, if you had indicated where you live initially I would have referred you to the Colorado Common Interest Ownership Act (CCIOA). So in answer to your question - yes, Colorado has statutes which are very helpful and have been updated each of the past three years. The major change came in 2005 with the passage of Senate Bill 100 (SB05-100). In your specific example the CC&Rs will define this as common area since you are in a Condo association.