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  #1  
Old 02-02-2008, 08:39 AM
Junior Member
 
Join Date: Feb 2008
Posts: 3

Can the Bylaws be changed on me?


What is the name of your state? NH
I have a satellite dish at my townhome that was installed on the deck, a limited common area of my home. The BOD approved this years ago. I recently needed to move the dish to the side of the home since its a new type of dish that was too big for the previous spot.
I reviewed the bylaw amendments and it stated the unit boundaries were the "exterior surface of the roof and walls inward". Having seen that, i believed the wall was limited common property and mine to use. So I installed the dish. The BOD told me to remove it, since they thought it was common property, but I sent them a letter with the bylaws which clearly stated the unit boundary was the exterior surface inward (all the home is mine).
After the BOD got this letter I believe they were shocked to see I was right. So, they sent a letter to all residents scaring them into believing that their houses walls wouldn't be maintained if they didn't change the bylaws. They were able to get a bylaw amendment change passed correcting that language to read the "interior walls inward are for the homeowner". Basically the wall I am using is now common property.
My question is, do I have a legal leg to stand on that the BOD had a bylaw amendment changed to make me remove my satellite dish? Do I have any ability to say I was grandfathered?? Any help in this area is appreciated
ThanksWhat is the name of your state?
  #2  
Old 02-04-2008, 12:07 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by kick3 View Post
What is the name of your state? NH
I have a satellite dish at my townhome that was installed on the deck, a limited common area of my home. The BOD approved this years ago. I recently needed to move the dish to the side of the home since its a new type of dish that was too big for the previous spot.
I reviewed the bylaw amendments and it stated the unit boundaries were the "exterior surface of the roof and walls inward". Having seen that, i believed the wall was limited common property and mine to use. So I installed the dish. The BOD told me to remove it, since they thought it was common property, but I sent them a letter with the bylaws which clearly stated the unit boundary was the exterior surface inward (all the home is mine).
After the BOD got this letter I believe they were shocked to see I was right. So, they sent a letter to all residents scaring them into believing that their houses walls wouldn't be maintained if they didn't change the bylaws. They were able to get a bylaw amendment change passed correcting that language to read the "interior walls inward are for the homeowner". Basically the wall I am using is now common property.
My question is, do I have a legal leg to stand on that the BOD had a bylaw amendment changed to make me remove my satellite dish? Do I have any ability to say I was grandfathered?? Any help in this area is appreciated
ThanksWhat is the name of your state?
**A: the answer is yes but you need to do more homework.
  #3  
Old 03-09-2008, 05:38 PM
Junior Member
 
Join Date: Feb 2008
Posts: 3

Here's what an attorney told me


An attorney said we could issue a letter to the association using an arugment based on the municipal land use law, whereby a change in "zoning" would in in effect "grandfather" prior use. I suppose the argument would be a change in by-law's would not effect those who were legit prior to the bylaw change. Does this sound like a good argument??
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