Fences / Patios

Hello,

Our condo in Los Angeles is split into a number of two-story buildings. Our particular building has fences around front patios. The patios are clearly delineated in the condominium plan with clear measurements that reflect the current size. The CCR documents note that all elements such as balconies and patios shown in the original plan are considered part of the "unit" they are aligned to.

We are hearing rumours that our HOA wants to either a) remove the fences from the patios, because they are different from the fences that have recently been erected around other building's patios, and/or b) essentially reclaim the patio space to be used as common areas for all the tenants. This topic will be discussed at an upcoming meeting but people in our building are concerned.

In the case a), we would lose any privacy in the patio areas, and in the case of b), we would lose a key outdoor area that formed part of our reason to purchase teh condo. There is nothing that I see in the CCR's that would allow the HOA to do either of these options.

Any thoughts - any precedent for HOA's reclaiming restricted common space for regular common space?
Thanks.

If your CC&Rs state that the patio is part of the unit it is attached to, or if the patio is designated as exclusive use common space, then the board has no right to change that. They'd be hit by lawsuits so fast, their heads would spin, and rightfully so.

Are the fences considered part of the unit, or are they common elements? If the latter, then the board does have the right to make changes to them, or to dictate what sorts of materials may be used. I agree with Sheila that you should educate yourself (read your CC&Rs thoroughly) and attend any meetings where this will be discussed.

Your HOA's Condo Plan shows the patio as a part of your unit. You ask, "any precedent for HOA's reclaiming restricted common space for regular common space?"

What do your CC&Rs call the patios. Usually in CA, the language is "exclusive use common area." So, no Cathy's right, the board cannot appropriate the patio from the unit to which it is appurtenant. So (b) should not at all be an issue.

Regarding the fences: Are you absolutely certain they are not mentioned at all in your CC&Rs? Sometimes there's a "dictionary" in the front of the CC&Rs defining things. It may say the fences are common area or exclusive use common area. It also probably will define "patios."

Also look for articles about "maintenance obligations" in your CC&Rs were there might be something about fences. Another place to look is in your architectural guidelines where there might be something about how fences must be maintained, etc..

See if you can find out who erected the newer fences around others' patios. Each Owners? The HOA (via the Board)?

IF the board removes the fences from your patios, the patios are still your exclusive use common area even though you wouldn't be able to keep others' from walking across them. Our exclusive use common area parking spaces in our underground garage can be walked on by anyone. But they cannot park a vehicle in it unless they won it. Each space is deeded to an owner's unit. And the HOA is responsible for maintaining these spaces.

Make sure, as other advise, to attend every open board meeting. In CA, anything the board votes on, must be listed on the agenda posted in a public place 4 days in advance of the meeting. I would not send anything to the board yet as so far there are only rumors. Pya attention, but no need to overreact.

(Our HOA is condos too.)