Cohousing-L Mailing List: Changing common elements

[Rob Sandelin (floriferous]

In most condo documents there is a definition of how many owners it takes to
approve something. Usually it is defined as both a quorum at a meeting
(often only 25%) and then some percentage of owners voting yes (often 67%).
So basically in this scenario, legally, 67% of the owners who show up to a
meeting can decide to change something. It does not require the approval of
all the owners. In some condos the percentages change to sell or transfer
condo property or other activities. You would need to look at your condo
docs to understand this.

If your goal is to be a community of people who care about each other and
work cooperatively, the voting percentages are meaningless and discussions
and cooperative agreements would be made which ensure that all perspectives
are listened to and that the best interests of the whole group are put
forward. If the reason for converting common elements is done for the best
interests of the group then it is the right thing to do, regardless of what
the condo docs say.

Rob Sandelin

-----Original Message-----
From: maura deering [mailto:mauradeering [at] yahoo.com] 
Sent: Thursday, September 20, 2007 7:14 AM
To: cohousing-l [at] cohousing.org
Subject: Re: [C-L]_ Cohousing-L Digest, Vol 44, Issue 19

Norm,

To fully answer this question, you would need to look at your condo docs and
your state's condominium statute. Without knowing specifics, I can only
surmise that it sounds like some of the members are trying to convert common
elements into limited common elements assigned to particular members. In
Washington, this process requires a vote by the association.

Maura Deering
http://www.raining.us/attorney.htm

Message: 3
Date: Thu, 20 Sep 2007 00:40:52 -0700
From: "O3C11N6G" <normangauss [at] charter.net>
Subject: [C-L]_ Non-approved changes to common areas
To: "Cohousing-L" <cohousing-l [at] cohousing.org>
Message-ID: <022f01c7fb59$92b205b0$c1aeb018@Anne>
Content-Type: text/plain;       charset="iso-8859-1"

I am co-owner of the common area of our condominium community, and I am
witnessing changes, by a few members, to the private usage and legal
definition of our common area without any permission from the general
community.

This group of people have unilaterally (without the community's
 permission) declared that three general parking spaces (available to
anybody  in the community) have been converted to private ones.  That is, a
portion of the common area has been declared off limits to the general
 community.   In addition, three private parking
spaces are being converted
 to a workshop, again without permission from the community.

Are there any lawyers in cohousing land, who have some ideas on whether
what I have described is legal?

I am interested in finding out if other communities have ever had  changes
made to the legal definition of the common area without formal  approval
from every co-owner.

Every deed makes reference to a permanent exclusive parking space  defined
on a map called the Condominium Plan.  The group I referred to above  wants
me to believe that they can, without my permission, (1) create  new private
parking spaces in the common area, and
(2) create a workshop
 out of existing permanent exclusive parking spaces. 
The entire map of
 private parking spaces is being changed, and I am not being ask for
approval.

Does this sound right?  I hope somebody get give me some perspective on
this state of affairs.  I have approached the members planning this  change,
and they say that their lawyer says that it is OK, end of  discussion.  

If anybody knows whether similar things have been done before without
approval from the general membership, I would be interested in the  story.

Thanks,

Norm Gauss


       
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