Cohousing-L Mailing List: Re: Cohousing-L Digest, Vol 44, Issue 19

[maura deering (mauradeering]

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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