common areas

Started by MarkB20 • 5 replies • 1192 views

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MarkB20 (Ohio)
Posts: 10

Posted:

I was just reading about the effects of a lawsuit against an Hoa. A lot of points made that I never thought of and probably never would have.
My board ok'd an expansion of a patio, more than double the original size, of a board members patio at his expense. Also with a privacy fence being by a road. Being a newbie here and still learning the ropes, I inquired about it to the extent he is taking common area. His reply was that everybody else does. And yes there are indeed others, but not everybody. Many of us are on second floors with nowhere to expand.
Our fees are based on square footage, unit + garage + patio/balcony (rounded to the nearest 10 feet). That is my undivided common interest.
Also, upon receiving my first half real estate tax bill, I have found out that my taxes are also based on that percentage.
These percentages are same as original docs, never having been changed.
I read it takes consent of ALL owners to change common area.
Do I have an argument?? Can they just do this??
Asking questions of certain neighbors seems like I am upsetting apple cart. Was told though to read and abide by the rules!

SheliaH (Indiana)
Posts: 6,964

Posted:

Never worry about asking questions - how else will you find out what's what? It's true some people won't appreciate your asking, but that's when you politely and FIRMLY stand your ground - especially when you get a ridiculous answer like "everyone else is doing it." People do stuff all the time - doesn't always mean it's right or a good idea. Sometimes the know something stinks, but do it anyway and no one says anything because they'd rather not "upset the apple cart."

As to whether or not the board can approve stuff like this, you'll have to keep checking your documents to see what it says about exterior changes and board approval - we don't have your documents and we aren't lawyers anyway,, so if you really want to know, you may want to talk to one. If there's something about taking on common area, I would think the homeowner would have to buy that from the association and be responsible for its maintenance. If that's what happened and this man knows he'll also have to pay more in assessments because he has more room (square feet, that is), that seems fair. The tax part of this may be more involved, so you may need to speak to someone from your county tax assessor about that.

I'm not surprised your documents haven't been changed - ours are also old as crap, but it can be very difficult to get them changed because that takes time and some money, not to mention running after homeowners to even look at the changes (they figure things seem to be running well, so why change?) If you think this needs to be changed, perhaps you need to do some research on what's happened as far as tax assessments on your property and compare it to some of your neighbors (like the people downstairs). If the second floor is paying more than the first, you may have a hook with which people will start thinking about this and consider changes.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MarkB20 (Ohio)
Posts: 10

Posted:

Thanks Sheila

Without looking, 1984 would be very close.
But with that formula for dues, doubling the size of a patio has to have a cost to it. Making my point will have a cost also.
I will keep looking.

RogerB (Colorado)
Posts: 5,067

Posted:

Mark, check your Declaration CC&Rs and see if the Board can assign a limited common area to a homeowner. If there is no limited common area allowed then the Architectural Committee violated the CC&Rs and the Board should discuss this with the Architectural Committee and based on the information obtained perhaps a violation notice to the homeowner is in order with a time limit to remove that portion of the patio which encroaches into the common area.

MarkB20 (Ohio)
Posts: 10

Posted:

Thanks Roger

I have viewed online from the recorder's office. They get blurry when blown up, but you can make out 10.something for each dimension. We have no architectural committee and it was a board member who had his patio expansion approved by the board. It was also he who said everybody else does.
I have viewed 7 violations in my mind, either by a fence around it (making it a backyard, in my opinion) or by enlarging concrete and/or by blocks. Some go back farther than 2007.
It is still my contention that this is not right, since we are paying by square footage. I have dues sheets stating as much, with a total sq. footage for all 52 units being 114,050.
Mine is 2170, .01903. figure it out. Haven't changed since inception.
I laugh at things , then cry, then get pissed off! lololol

TimB4 (Tennessee)
Posts: 21,059

Posted:

Options to correct this issue is to:

A) Formalize exclusive use common area for all ground floor residents.
B) Rent the common area to ground floor residents who desire to rent it (rental income is taxable income)
C) Sell the common area to ground floor residents (requires survey, lines, etc).

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