Combining Adjoining Units

As I read 33-1221 if your documents are silent on the matter then you do not have to allow it. At a minimum I would deny it pending further review so any clauses allowing him to proceed if not denied like in 33-1222 or your CC&R’s kick in. Then I would contact the Association’s lawyer and insurance agent to find out how this type of renovation would affect things like your fire rating. At a minimum I would require him to provide detailed drawings, an engineers report on the feasibility of the renovation and how it would affect the structural integrity of the building. After that if the BOD allows it as a condition of approval I would require a copy of the building permit as something like this would have to be approved by the building department. If 33-1222 comes into play then you would also have to pass an amendment to allow the revision.

33-1221. Alterations of units

Subject to the provisions of the declaration and other provisions of law, a unit owner:

1. May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.

2. Shall not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without written permission of the association.

3. After acquiring an adjoining unit or, if the declaration expressly permits, an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in intervening partitions, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.

33-1222. Relocation of boundaries between adjoining units

If the declaration expressly permits, the boundaries between or among adjoining units may be relocated by an amendment to the declaration. The owners of the units shall prepare an amendment to the declaration, including the plat, that identifies the units involved, specifies the altered boundaries of the units and their dimensions and includes the units' identifying numbers. If the owners of the adjoining units have specified a reallocation between their units of the allocated interests, the amendment shall state the proposed reallocation in a reasonable manner. The amendment shall be executed by the owners of those units, shall contain words of conveyance between or among them and, before recording the amendment, shall be submitted to the board of directors. Unless the board of directors determines within thirty days that the proposed amendment is unreasonable, which determination shall be in writing and specifically state the reasons for disapproval, the association shall execute its approval and record the amendment.

Anders,

If, after following everything Glen pointed out, the Board should also explain, in writing, that the property will still be considered as two units for purposes of Assessments and voting and that this must be disclosed to any future buyer.

Tim

Anders:

Please tell us how many bedrooms each unit now has and if they would now plan to remove say one kitchen area and make it what? I would think this coversion would require MAJOR renovations inside the living space of both units.

So by combining these two units you would now have how many bedrooms? Any other unit have that?

I would not be in favor of this action.

I would guess the installation of an elevator would require modification of the common area between the floors. It would more than likely need an electrical upgrade, as most elevators would not run 110 perhaps requiring 220 or 440 service to be added. Even a stairway would require entering, removing and changing the existing floor and ceiling space between these units.

As mentioned your property is listed with X amount of units consisting of 1 or 2 bedrooms, what class would this unit now fall into.

I understand the owner owns both units but the ability to connect and change the layout of the units involving common property is a decision of the Board. He bought them as separate units with no expectation or promise that he would be allowed to change the structure of the building. Perhaps this should have been discussed before this other unuit was purchased.

And IF forced or required by law to allow this coversion I would require the owner to set up an account to cover the cost of returning this property to its original state upon its sale or his demise.

This conversion could affect the values of your unit and the units of others. So now instead of a one bedrrom you have a two? Or a two bedroom you have a four bedroom unit. I sense trouble coming with this owner and these units.

If this owner requires or finds themselves in the need of more space let them sell their two units and find a more suitable property.

FYI, following is ARS 33-1221. As you can see it does not say an ower "shall" have the right to make these alterations, but merely "may" make these alterations. And, everything is subject to what is stated in the declaration.

33-1221. Alterations of units

Subject to the provisions of the declaration and other provisions of law, a unit owner:

1. May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.

2. Shall not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without written permission of the association.

3. After acquiring an adjoining unit or, if the declaration expressly permits, an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in intervening partitions, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.

With regard to Robert's concerns, ARS33-1222 (copied in Glen's message)addresses the issue of amending the declaration to address the change in the owner's interest in the condo assn. This amendment does not require the vote of the membership as any other amendment would, as outlined in ARS33-1227 - Amendment of declaration.

Mary,
All I can say to that is, in SC my documents require 100% to change apportionments. I have been trying to find out for years, what happens if say a fire would destroy one of the buildings and it would fall in the river and could not be rebuilt under present regulations, how could the apportionment remain the same?

We also have a short sentence that says, The common property can not be partitioned. If you take some common property and give it to someone else for a elevator, that, to me is a partition. Someone else mentioned. If you alter the property it has to be with a stipulation you must put it back the way you found it. I wanted to put in an outside elevator for my wife. One of the considerations was it has to be taken out and restored when I sell or whoever sells. This was an elevator located partially on common and partially on limited common. Would this withstand a court challenge........I don't know.

Suresh,
No one is assuming anything like that. FYI anything that is not inside the walls of your condo is Common, inside, outside, on top or underneath. Some associations have descriptions defining utility services and some of these conduits have been deemed to be owners responsibility.

Steve says they do this all the time in the city. Not quite sure what he is insinuating, but no matter, his point is well taken and he seems to know what he is saying. I think the problem here is: can this condo allow this to happen, in the location wherever, and under all governing documents as outlined by the states.

And you are right Suresh, there is not enough information given and no means to validate what is given, you just have to give opinions and raise questions and hope the OP will be able to use some of what is posted....or not. But it is not the call of this site.

There is an excellent article by a Goldberg out of Illinois, that writes a lot of condo stuff. If you run across it, you should read his synopsis of what you own where you buy a condo. In a nutshell, you own the right to live inside the dimensions of your unit as described by your exhibits to the CC&R's and the right to breath that air, and you own an apportioned share of everything else.........that's it.