Duplex neighbor wants to build exclusive use raised deck in our small common area backyard

Kenny,

Can you post relevant components of your CCRs and Bylaws - governing restrictions and process stuff?

Both those links take me to cartoons ...

You could just retype the applicable components into your thread ... without specific language, it is very difficult to assess.

I am also very concerned about this language here - exclusive use common areas - which the HOA pays for. If it is 50%/50% and the deck needs repair as an exclusive use area within the common area - legally does that mean the HOA (and in effect, 50% of the payment) pays for it? I don't understand the responsibilities here as an exclusive use common area.

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Section 5.3.1. Maintenance, Repair and Replacement of Common Elements; Assessment of Common Expenses Therefor.

The Trustees shall be responsible for the proper maintenance, repair and replacement of the Common Elements which may be done through the Managing Agent, as hereinafter provided, and any two Trustees or the Managing Agent or any others who may be so designated by the Trustees may approve payment of vouchers for such work. The expenses of such maintenance, repair and replacement shall be assessed to the Unit owners as Common Expenses at such times and in such amounts as provided in Section 5.4; provided, however, that if such maintenance, repair and/or replacement is required due to the negligence or misuse of a Unit owner, such expense may be assessed to said Unit owner by the Trustees and the Unit owner shall be personally liable therefor.

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Section 5.3.2. Maintenance of Exclusive Use Areas. The Trustees may repair and make capital improvements to the exclusive use areas within the Condominium and shall bill such ordinary maintenance and capital costs in the same manner as Common Expenses allocated to the specific owner of the Unit to which the exclusive use is held.

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Section 5.1. Powers of the Trustees.
The Trustees shall have all the powers and duties necessary for the administration of the offices of the Condominium and may do all things, subject to and in accordance with all applicable provisions of said Chapter 183A and the Master Deed, and, without limiting the generality of the foregoing, the Trustees shall have the right, with full power and uncontrolled discretion, at any time and from time to time without the necessity of obtaining any approval or license of any court for leave to do so:

(a) to retain the Trust property, or any part or parts thereof, in the same form or forms of investment in which received or acquired by them so far and so long as they shall think fit, without liability for any loss resulting therefrom;

(b) to sell to the extent permitted by Chapter 183A, assign, convey, transfer, exchange and otherwise deal with or dispose of the Trust property, but not the Common Areas, free and discharged of any and all trusts, at public or private sale, to any person or persons for cash or on credit, and in such manner and on such restrictions, stipulations, agreements and reservations as they shall deem proper, including the power to take back mortgages to secure the whole or any part of the purchase price of any of the Trust property sold or transferred by them, and execute and deliver any deed or other instrument in connection with the foregoing;

( c) to purchase or otherwise acquire title to, and rent, lease or hire from others for terms which may extend beyond the termination of this Trust any property or rights to property, real or personal, and own, manage, use and hold such property and such rights;

( e) to enter into any arrangement for the use or occupation of the Trust property, or any part or parts thereof, including, without thereby limiting the generality of the foregoing, leases, subleases, easement, licenses or concessions, upon such terms and conditions and with such stipulations and agreements as they shall deem desirable, even if the same extend beyond the possible duration of this Trust;

(f) to invest and reinvest the Trust property, or any part or parts thereof, and from time to time, as often as they shall see fit, change investments, including investment in all types of securities and other property, of whatever nature and however denominated, all to such extent as to them shall seem proper, and without liability for loss even though such property or such investments shall be of a character or in an amount not customarily considered proper for the investment of trust funds or which does or may not produce income;

(m) to improve any property owned by the Trust;
(n) to manage, maintain, repair, restore, and improve Common Elements, and when they shall deem necessary, the Units;
( o) to determine the Common Expenses required for the affairs of the Condominium;
(p) to collect the Common Expenses from the Unit owners;
( q) to adopt and amend rules and regulations covering the details of the operation and use of the Common Elements;

You can deny her request.

You can refuse to go 50/50 on dues.....she agreed to the terms when she purchased her condo.

If you tries to bulldozer your opinion, it's worth hiring a lawyer. It's not even emotional.

Good questions and suggestions. In the overall scheme of things, I would think the dormer is more important than a small backyard deck.

I agree the OP can deny the request. What I am suggesting is if he does so, then I believe when he wants to add a dormer she will stop him to spite him.

Not saying it cant be done, but its a huge can of worms.

You would have to add the deck to the CCR's and who has exclusive right to the limited common area. When the deck needs replacing, who would be responsible. Might as well add in paperwork for adding another deck above the first deck and its responsibilities as a limited common area to the second floor. File all the paperwork with the state registry of deeds. Etc, etc.

Add it to the insurance for the building structure.

Then there is the issue of them grilling food, smoking pot/cigarettes, etc on the deck and the smell going into your place. Noise from parties. You have no idea how long the bottom floor person will live there and a nightmare person moves in.

If your happy with the current setup, deny it, until you find a better home.

This does not make any sense to me. You are okay with adding a dormer but not adding a deck because it is gray area and it is modifying the structure. The dormer is a gray area and modifies the structure. Not judging just wondering how you rationalize those two views there than one is for your benefit and the other isn't.