What is the name of your state (only U.S. law)? Iowa
In 2002 the condo association built a porch between two condominiums. The porch was necessary as part of a larger project that involved modifying the roof above it and many other improvements to the building. As a result, the two condos got a free shared porch. The board decided that since the porch was necessary for the roof, then it was good for everyone. If either of the two condos used the porch, then they would have to pay for the maintenance. All the owners in the association knew this when the association voted to go ahead with the whole project.
The board gave permission to the two owners to use the porch, and both condos installed a door at their own expense onto the porch.
So here is the problem. One owner wants to sell his condo. Several potential buyers do not like the porch since it is built right next to two different bedroom windows. The owner wants the board to restrict access to the porch so he can sell his condo.
Two former renters say that it feels creepy to have people on the porch right outside the bedroom windows. I asked the renters why they didn't just close the curtains, and they said the people on the porch see them closing the curtains and know that they are doing something private so it feels creepy. One renter had to switch the bedroom to a home office. People talking on the porch also disturb the bedroom occupants. There is a privacy issue for the occupant. A different renter said they liked having the porch, but they only used the bedroom as a guest room. So one liked the porch, but most said it was disturbing to have the porch so close to the bedroom.
Several questions:
The Declaration says that any balconies and patios are reserved as Limited Common Elements, which may give both condo owners more rights to use the porch. I don't think this applies at all since it is part of the original Declaration when there were no balconies and patios. (Probably this wording was copied from another condo declaration.) And even if it does apply the board still has the power to make rules.
The Declaration states:
“No activity shall be allowed which unduly interferes with the peaceful possession and use of the Property by the Owners...”. So can the board enforce this rule to limit access to the porch?
The board proposes the rule that the schedule of sharing the porch must be worked out to the mutual satisfaction of both condominium units/occupants. If no such agreement can be reached, then neither party can use the porch. Is this okay? It gives a lot of power to each owner, but maybe that is a good thing.
If the board stops the use of the porch, then should the owner(s) be reimbursed for the cost of the door? If yes, then who pays for the door, the association or the owner who wants to close the porch? (I suppose the door should be depreciated to a lower cost than original installation.)
In 2002 the condo association built a porch between two condominiums. The porch was necessary as part of a larger project that involved modifying the roof above it and many other improvements to the building. As a result, the two condos got a free shared porch. The board decided that since the porch was necessary for the roof, then it was good for everyone. If either of the two condos used the porch, then they would have to pay for the maintenance. All the owners in the association knew this when the association voted to go ahead with the whole project.
The board gave permission to the two owners to use the porch, and both condos installed a door at their own expense onto the porch.
So here is the problem. One owner wants to sell his condo. Several potential buyers do not like the porch since it is built right next to two different bedroom windows. The owner wants the board to restrict access to the porch so he can sell his condo.
Two former renters say that it feels creepy to have people on the porch right outside the bedroom windows. I asked the renters why they didn't just close the curtains, and they said the people on the porch see them closing the curtains and know that they are doing something private so it feels creepy. One renter had to switch the bedroom to a home office. People talking on the porch also disturb the bedroom occupants. There is a privacy issue for the occupant. A different renter said they liked having the porch, but they only used the bedroom as a guest room. So one liked the porch, but most said it was disturbing to have the porch so close to the bedroom.
Several questions:
The Declaration says that any balconies and patios are reserved as Limited Common Elements, which may give both condo owners more rights to use the porch. I don't think this applies at all since it is part of the original Declaration when there were no balconies and patios. (Probably this wording was copied from another condo declaration.) And even if it does apply the board still has the power to make rules.
The Declaration states:
“No activity shall be allowed which unduly interferes with the peaceful possession and use of the Property by the Owners...”. So can the board enforce this rule to limit access to the porch?
The board proposes the rule that the schedule of sharing the porch must be worked out to the mutual satisfaction of both condominium units/occupants. If no such agreement can be reached, then neither party can use the porch. Is this okay? It gives a lot of power to each owner, but maybe that is a good thing.
If the board stops the use of the porch, then should the owner(s) be reimbursed for the cost of the door? If yes, then who pays for the door, the association or the owner who wants to close the porch? (I suppose the door should be depreciated to a lower cost than original installation.)