Cohousing-L Mailing List: Re: Condo docs - private or common ownership of porches, decks, patios and balconies

[Diana Carroll (dianaecarroll]

Adding on to what Liz said about Mosaic Commons, with the legal language...

Technically our porches are "shared exclusive use", which is different than
"common use".  Here's the relevant language in our Master Deed:

With respect to each Building with Units, the front porch will be Shared
> Exclusive Use Areas for the Unit Owners of that Building.  Likewise, the
> walkway from the main pedestrian walkway up to each Building with Units
> will be the Shared Exclusive Use Areas for the Unit Owners of that
> Building.  It shall be the responsibility of the Condominium Trust to
> maintain, repair and replace such Shared Exclusive Use Areas in accordance
> with this Master Deed and the Declaration of Trust.


("Buildings with Units" just means to distinguish our town house buildings
as opposed to other buildings like the common house, garages, well pump
house, etc.)

As for backyards, as Liz mentioned, those are "semi-private" in practice,
but *not legally*. They are just regular common areas as far as our deed is
concerned. We have a provision in our declaration of trust (CC&R basically)
that informally describes our intentions:

The Common Areas of the Condominium within the exclusive use area of the
> Mosaic Commons Unit near to each Unit’s Building are intended to be used as
> typical “backyards” may be used, for gardening, barbequeing [sic],
> relaxing, drying clothes, etc.  They are not legally deeded as Exclusive
> Use Areas.  Unit Owners are asked to respect their neighbors in how they
> design, use, and maintain the backyards.  If landscaping makes maintenance
> of the backyard area difficult, the Unit Owner shall be responsible for
> maintenance instead of the Condominium Trust.  Unit Owners are asked to
> respect each other’s requests for privacy when choosing whether to pass
> through such backyards.  Trash may not be stored in such backyard areas.
> Any improvements a Unit Owner may wish to install are subject to the
> requirements set forth in the Master Deed and Declaration of Trust and
> otherwise, a minimum of 30 days notice to the Trustees is required before
> installing any large structures or plantings (including decks, fences, and
> trees), to allow time for feedback from neighboring Unit Owners.


On Thu, Oct 12, 2023 at 2:36 PM Elizabeth Magill <pastorlizm [at] gmail.com>
wrote:

> We have one long porch on the front of each set of 2 or 3 homes. These
> are community owned. The challenge is that people "feel" like they own
> them.
>
> Our backyards are "semi-private" and any decision to do something or
> to block it off must be approved by the others in the same building.
> It only goes to the trustees/community if you need a building permit.
> We've had some frustration with mowing--both folk who don't want the
> community mowers to do it (and some new plantings mowed down) and some
> who *do* want the community mowers to do it and it falls off their
> list.
>
> -Liz
> (The Rev. Dr.) Elizabeth Mae Magill
> Pastor, Ashburnham Community Church
> Minister to the Affiliates, Ecclesia Ministries
> www.elizabethmaemagill.com
> 508-450-0431
>
> On Wed, Oct 11, 2023 at 8:23 AM Mayhew Seavey <mayhew650 [at] gmail.com> 
> wrote:
> >
> > Hello all
> >
> > Hager Homestead is finalizing our condo docs and looking forward to
> > moving in to our community in a few months.
> >
> > A question that is concerning to our members is whether to have the
> > porches, decks, patios and balconies attached to our units be part of
> > the unit or a Limited Common Element jointly owned by the community but
> > with exclusive use rights to the unit owner.
> >
> > We're interested in what other cohousing communities have done and why.
> > What are the pluses and minuses of individual household ownership of
> > these elements versus common ownership.
> >
> > Thanks
> > Mayhew Seavey
> >
> >
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