Cohousing-L Mailing List: Re: Changing common elements

[O3C11N6G (normangauss]

I disagree.  All changes to the property need to be legally consistent.
That is why we have Common Interest Development Law, CC&R's and Bylaws.
If we did not have that, an individuals equity could be refined just because
enough people decided so.  If this action is prejudicial to the interests of 
any
member, the law should prevail.

Norm Gauss

----- Original Message ----- 
From: "Rob Sandelin" <floriferous [at] msn.com>
To: "'Cohousing-L'" <cohousing-l [at] cohousing.org>
Sent: Thursday, September 20, 2007 9:51 AM
Subject: [C-L]_ Changing common elements


> 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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