Screened in porch

Started by JoyceP3 • 6 replies • 159 views

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

⚡ Takes 30 seconds

Already a member? Log in

JoyceP3 (South Carolina)
Posts: 2

Posted:

I;m the President of our HAO. We have 10 quad buildings so 40 Units. One of the units was built with a screened in front facing porch. Our rules state that common area front-facing porches must be neat and free of clutter. Storage of yard/garden items etc. are not permitted. The owner of the screened in porch has garden items stacked up on a shelf and is unsightly. The Board has been enforcing the rules with other owners. The management company is telling me basically this is not common area and it's the owners responsibility to maintain. The owner is also a board member and acknowledged in a board meeting that she needs to clean up her porch but has only done some of it.

Does the Board have a leg to stand on in enforcing the rules since this one porch is Not Common Area?
Thanks, joyce

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By JoyceP3 on 04/15/2025 4:04 PM
I;m the President of our HAO. We have 10 quad buildings so 40 Units. One of the units was built with a screened in front facing porch. Our rules state that common area front-facing porches must be neat and free of clutter. Storage of yard/garden items etc. are not permitted. The owner of the screened in porch has garden items stacked up on a shelf and is unsightly. The Board has been enforcing the rules with other owners. The management company is telling me basically this is not common area and it's the owners responsibility to maintain. The owner is also a board member and acknowledged in a board meeting that she needs to clean up her porch but has only done some of it.

Does the Board have a leg to stand on in enforcing the rules since this one porch is Not Common Area?

If a covenant applies only to a common area and this one owner's front porch is unequivocally not common area, then the board can only check to see if there is another covenant that might apply and would require the owner to clean up the porch.

If you could confirm that this "rule" of which you speak is actually a covenant, then this would be helpful. At HOAs, there are covenants and board-created rules.

The courts see covenants as contractual terms.

For Board created rules to be legally enforceable, the rules must be written so as to be within the four corners of the covenants.

KerryL1 (California)
Posts: 14,550

Posted:

Is is really a "rule," or is a CC&R/covenant/deed restriction?

Sooooo.if your covenants say that the Association via the Board may make rules about owners' private property, then the Board may enforce this. And it sounds like you have in the past on others such porches?

Have your manager show you in your documents that only rules on the common areas may be enforced.

A very typical rule that applies to private property is that all windows covering must be a certain color.

DeanJ
Posts: 1,786

Posted:

Quote:

This really doesn’t seem logical.

Common area is space every owner may use. Usually an owner can’t store anything in/on a common area.

Limited Common area is an area that is reserved for the use of the unit owner and usually includes spaces such as patios and balconies.

Both are common area.

KerryL1 (California)
Posts: 14,550

Posted:

So....are the porches limited use common areas? Our condo balconies are and there are plenty of rules about them, and also a few covenants, e.g.,

no wall, ceiling or floor penetration, etc.

JoyceP3 (South Carolina)
Posts: 2

Posted:

In our covenants under CONDOMINIUM SUBJECT TO RESTRICTIONS, ETC IT STATES: The DWELLINGS and COMMON ELEMENTS shall be, and the same are hereby declared to be subject to the restrictions, easements, conditions and covenants prescribed and establis-ed herein, governing the use of said DWELLING and COMMON ELEMENTS, and setting forth the obligations and responsibilities incident to ownership of each DWELLING and its appurtenant undivided interest in the COMMON ELEMENTS, and said DWELLINGS and COMMON easements, conditions and limitations now of recording .....specifically including, but not limited to, those certain Reservations, easements.....

The Rule the Board Approved and is Recorded states: Common Area front-facing side porches....

Managment is telling me this is porch belongs to owner since it is screened in (The only one on 40 units) and this porch is Not Common Area therefore the rule does not apply.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By JoyceP3 on 04/16/2025 3:27 PM
In our covenants under CONDOMINIUM SUBJECT TO RESTRICTIONS, ETC IT STATES: The DWELLINGS and COMMON ELEMENTS shall be, and the same are hereby declared to be subject to the restrictions, easements, conditions and covenants prescribed and establis-ed herein, governing the use of said DWELLING and COMMON ELEMENTS, and setting forth the obligations and responsibilities incident to ownership of each DWELLING and its appurtenant undivided interest in the COMMON ELEMENTS, and said DWELLINGS and COMMON easements, conditions and limitations now of recording .....specifically including, but not limited to, those certain Reservations, easements.....

The Rule the Board Approved and is Recorded states: Common Area front-facing side porches....

Managment is telling me this is porch belongs to owner since it is screened in (The only one on 40 units) and this porch is Not Common Area therefore the rule does not apply.

I live in an HOA where all the house and lots are the private property of the owner. Using patios and screen rooms for storage areas is prohibited by HOA regulations and limited to items such as patio furniture and grills.

🎯 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