deck construction w/o hoa meeting need help asap!

Started by TracyW • 10 replies • 2073 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TracyW (Texas)
Posts: 6

Posted:

Can anyone PLEASE tell me if construction of a deck at a condominium complex can be ok'd just by an HOA president without discussing it with co-owners?My new neighbors on the second floor have started building a deck that is obstructing my water views from the 3rd floor(woke up to this Friday morning).
I am having an attorney overlook the bylaws tomorrow.
It may be in bylaws that this is allowed, and if it is I am going to have to live with it, but shouldnt there be a discussion with co-owners about it first.
Maybe we cant stop it, but wouldnt it be a good idea to view the plans, make sure there is no encroachment, discuss issues with it, etc., etc.?
Back to my original question. Can the president make this decision alone?
Your responses will really help me out because I am trying to get this halted by tomorrow morning. If not it may be completed tomorrow!
Thanks so much for your time, Tracy

TracyT (Maryland)
Posts: 228

Posted:

Tracy,

"Typically" a president alone can not make an approval BUT it really depends on what your by-laws, covenants and/or articles of incorporation say. Typically it takes a 'majority' of the BOD (or covenant committee). You could actually save yourself money by reviewing these documents before sending to an attorney.

After reviewing check back and let us know.

Good luck.

Tracy

TracyW (Texas)
Posts: 6

Posted:

Thanks Tracy.
I have looked them over but trying to understand it all in laymens terms is the problem. On top of that, now the president is saying that the boatslips(which the deck is being built on and 1/2 of which is my deeded dock) are not the responsibilty or part of the HOA. That they are a separate deed, but my deed to the condo and my boatslip are deeded together. And I do not see anything in the declaration that states one way or another or even a mention of the boatslips unless they are considered common area. And once this deck is attached to the building, which they already did isnt it now a part of the building. Sorry if I seem clueless, but I am! Thats is why I am turning to all of you hoping you can educate me a little. Thanks again!

Tracy

TracyW (Texas)
Posts: 6

Posted:

ps
Forgot to mention that I heard from the treasurer, that the president who also resides on 2nd floor same building, wants to construct a deck the same way, so I am not real trusting of his explanations!

PaulM (Pennsylvania)
Posts: 1,347

Posted:

TracyW: If you do have a deed or proof of ownership of the portion of the boatslip which this resident is having workers renovate without your consent, then they are encroaching on property which they have no permission to be on, let alone renovate.

I would show the proof of ownership to the President, but since he would like the same deck he has an ulterior motive and will probably not be your ally. However, he should be informed of your proof of ownership.

In the interim, you might want to investigate the situation with your local municipality officials for: 1) the "plat plan" of the buildings/dimensions & deck ownership; 2) if the workers sought a permit for the impending construction and was it granted; 3) officials may also want to 'take a look' at the site for themselves.

Good Luck and keep us informed of your progress. It is clear that the President and residents have a different belief of who owns what but your documents and the local officials will be able to inform you correctly.

TracyW (Texas)
Posts: 6

Posted:

They did receive a permit because the city received the ok from the president! He alone gave the ok. A meeting has now been scheduled for this coming sat. but the deck will probably be finished today. All co-owners besides the ones building the deck and the president are against it(they are the only two that will benefit from the decks). So we have the votes. Now if it has to be taken down i am wondering who will absorb the cost of that? The persons building the deck did it right and got approval for it from the HOA president, but he was in error I believe, by not getting the board approvel. I think that he should be responsible for any costs and not the HOA, because that would be us paying for his mistake.
Attorney is overlooking declaration right now!
Thanks for all your comments. Ill get back to you with an update!

TracyW (Texas)
Posts: 6

Posted:

another ps-
I think these guys were really smart with there planning of this. Started on Fri and worked all weekend, finishing today veterans day, making it impossible to contact any city officials!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

TracyWE,
This one is easy. When you purchased your Condo, you purchased the location of the Condo. If you have a water view your apportionment will be higher that a condo that don't. Even if there is nothing to compare it to, you still purchased the view, and unless you want to sell your view, no one can built in front of you. First go to Zoning office or your association should have the original platt or a Master Plane. See if there are any view easements around your building, check your property description on your deed at the court house. Go to courthouse and get original plans and property description and easements.

If you get no help there go to county council and complain, loud and short.
Someone is devaluing your property, do not let them do that. Legal aid, county building offices that issue building permits. You need a county permit to do what they are doing and that includes a notice that solicits comments from anyone with interest. I would do whatever it took to stop construction and if necessary get this settled by the courts. You may be able to walk into a magistrates office and get an order to stop construction. Get tough

PaulM (Pennsylvania)
Posts: 1,347

Posted:

TracyW: Doesn't your association have an Architectural process and/or Architectural Committee in place for review of a request and then providing an approval or disappoval for or against construction?

TracyW (Texas)
Posts: 6

Posted:

The architectural commitee is the HOA, as far as we understand.
We are in a small condo complex with 2 HOAs for three buildings. We have about 15 co-owners in our HOA.We have only owned our condo for 10 months so we are learning everyday.
We do have in our declaration that any constuction must be approved by the architectural commitee before such construction can take place.
And finally this afternoon we were able to explain to the building inspector that this was not board approved but president only approved, and that these are deeded slips and he did put in a stop work order in. Probably a little to late. They were about an hour away from finishing.Another co-owner is with an attorney tonight so we will know more tomorrow,and after sat. meeting!

MikeS1
Posts: 668

Posted:

Condo decks are usually Limited Common Areas that are used exclusively by the unit owner, but where is the deck being constructed and do they really have the rights to build a deck on common areas? I wouldn't think so.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here