HOA President breaking rules

Started by SherriL3 • 3 replies • 73 views

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SherriL3 (Connecticut)
Posts: 5

Posted:

Our HOA President has installed French Doorson the back of his unit when all other units have sliders. He also is going to expand his deck when no others are going to be expanded. When asked about it he said "I don't give a damn what anyone says or does, I'm doing what I want to my unit." Aren't all units supposed to be uniform? He asked about this at a meeting but we all agreed that we all did not have the funds individually to do these things to our units. The HOA was not going to pay for anything. Is there anything that can be done to him or is it now a free for all that each owner can do whatever they want to their units? Aren't there laws that condos have to be uniform? Or am I wrong?

TimB4 (Tennessee)
Posts: 21,066

Posted:

It is unknown if the individual asked for permission from the Association for the change.
It is unknown if the change is a violation of your governing documents.
The only laws concerning the visual appearance of condominiums would be in your governing documents.

Since construction has already happened, the option would be to take the individual to court.
You, a group of members or the Association can do that process.
Since the individual is on the board, I personally doubt that the Association will take that action but you have that option.

The case would hinge on two issues:
1. Was permission for the change sought and if it was, was the changed approved or not (determines liability)?
2. Was the change prohibited by the governing documents (helps determines the strength of the case)?

JackS20 (North Carolina)
Posts: 271

Posted:

what do your ARC documents say. they are typically extremely detailed with guidelines for every possible change OR they are totally subjective and say something like the ARC can make any conclusion they want. I'm bettign they are the later.

also pick your battles. as long as this is done tastefully it wont' impact your home values at all.

JeffT2 (Iowa)
Posts: 880

Posted:

This goes back to basics. Generally, the condo declaration defines the unit, and everything outside the boundaries of a unit is part of the common elements.

Some common elements are called limited common elements and are reserved for the use of one (or more) unit owners. Decks are typically, but not always, a limited common element and not owned by the owner.

In your condominium, what is the definition and boundaries of a unit in your condo declaration? Is the deck part of the unit? Does the owner own the land under the unit and under the deck? If the owner expands the deck, will it expand outside his unit?

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