Question:
i live in a condo association there is only two members as there is two units mine and my neighbors. The neighbors put on a large patio, a outdoor shower and a driveway without my permission. Is that allowed? Per the bylaws the land is common ground so its 50/50 i feel that they are eating up the property by adding all this stuff. They never informed me about this. They just moved in less than a year ago and i have lived in the unit since 1987 and never had any issue with my neighbors. They got some rain damage from a window and came to around $20,000 they are now telling me to pay have of that because the damage was on there side and per the bylaws exterior issues is 50/50 they never informed me until the work was done and now wanting to take my 95 self to court. they are now saying they want to change the bylaws and wanting to rush me into signing papers. i think i should get a survey done because of all the work they did outside because they might have taken more than 50% of the land. if you could give me some suggestions. i am 95 living on social security, one of these days i will have to end up selling the unit as its getting to big for me. i dont want them to cause an issue of me selling the unit.
– Joe
Answer:
Hi Joe,
In condo associations, members typically pay dues to cover the cost of common area maintenance and upkeep. For projects or improvements, members usually also split the cost, though projects normally need to go through an approval process. Does your condo association have a board? Make sure to check your condo association’s governing documents to understand how capital improvements and projects should be approved, funded, and executed. Your governing documents should also be able to tell you how costs are split, including costs for repairs and damages.
As for changing the bylaws, the process usually entails a vote from a majority of the membership. In this case, since there are only two members, it is unclear what would constitute a majority vote. Again, it is best to check your bylaws to understand the process and requirements for amendments.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
