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Construction Question - Condo Assc

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SWalsh1428

Guest
What is the name of your state? Illinois

Hello,

I own a condominium with a one-car detached garage. The garage is a large building with 15 doors (for 15 owners).

Some of the other owners have erected walls (partitions) between their neighbors. I have not, but would like to.

I have asked my condo board if I could construct walls between my neighbors, but they said that the neighbors in question were not agreeable to the idea.

My question is: Can I build a partition between my neighbors if the wall resides on my property (2x2s with drywall, unfinished on the opposite side) regardless of my neighbor's consent?

(The garage space is owned entirely by me. I pay separate taxes on the property.)

Thanks in advance!
 


HomeGuru

Senior Member
SWalsh1428 said:
What is the name of your state? Illinois

Hello,

I own a condominium with a one-car detached garage. The garage is a large building with 15 doors (for 15 owners).

Some of the other owners have erected walls (partitions) between their neighbors. I have not, but would like to.

I have asked my condo board if I could construct walls between my neighbors, but they said that the neighbors in question were not agreeable to the idea.

My question is: Can I build a partition between my neighbors if the wall resides on my property (2x2s with drywall, unfinished on the opposite side) regardless of my neighbor's consent?

(The garage space is owned entirely by me. I pay separate taxes on the property.)

Thanks in advance!
**A: what do the CC&R's state?
 
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SWalsh1428

Guest
The CC&Rs don't state any limitation to garage construction. When it was brought up to my condo association, I was suggesting that the wall be constructed in the shared space between my neighbors.

My thinking is that if the wall is entirely on my property, I do not need permission from the condo board. Any help/suggestions would be much appreciated.
 

HomeGuru

Senior Member
SWalsh1428 said:
The CC&Rs don't state any limitation to garage construction. When it was brought up to my condo association, I was suggesting that the wall be constructed in the shared space between my neighbors.

My thinking is that if the wall is entirely on my property, I do not need permission from the condo board. Any help/suggestions would be much appreciated.

**A: I highly doubt that you do not need HOA approval to construct the wall.
You had better have an attorney review your CC&R's.
 
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SWalsh1428

Guest
The CC&R states:

Alterations, Additions or Improvements

No alterations of any Common Elements or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board. Any Unit Owner may make alterations, additions and improvements within his Unit without prior written approval of the Board, but in any event such Unit Owner shall be responsible for any damages to other Units, the Common Elements, or the Property as a result of such alterations, additions or improvements. Nothing shall be done in any Unit, or in, on or to the Common Elements which will impair the structural integrity of the Building or which would structurally change the building.

It goes on to describe the garage as part of the Unit...
 

HomeGuru

Senior Member
SWalsh1428 said:
The CC&R states:

Alterations, Additions or Improvements

No alterations of any Common Elements or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board. Any Unit Owner may make alterations, additions and improvements within his Unit without prior written approval of the Board, but in any event such Unit Owner shall be responsible for any damages to other Units, the Common Elements, or the Property as a result of such alterations, additions or improvements. Nothing shall be done in any Unit, or in, on or to the Common Elements which will impair the structural integrity of the Building or which would structurally change the building.

It goes on to describe the garage as part of the Unit...

**A: post the ENTIRE clause.
 
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SWalsh1428

Guest
Here is the entire clause:

MAINTENANCE, ALTERATIONS, DECORATING

1. Maintenance, Repairs and Replacements. Each Unit Owner shall furnish and be responsible for, at his own expense, all of the maintenance, repairs and replacements within his own Unit. Maintenance, repairs and replacements of the Common Elements shall be furnished by the Board as part of the common expenses, subject to the rules and regulations of the Board.

The Board may cause to be discharged any mechanics' lien or other encumbrance which, in the opinion of the Board, may constitute a lien against the Property of Common Elements, rather than against a particular Unit and its corresponding percentage of ownership in the Common Elements. When less than all the Unit Owners are responsible for the existence of any such lien, the Unit Owners responsible shall be jointly and severally liable for the amoun necessary to discharge the same and for all costs and expenses (including attorneys' fees) incurred by reason of such lien.

Whenever the Board shall determine, in its discretion, that any maintenance or repair of any Unit is necessary to protect the Common Elements or any other portion of the Building, the Board may cause a written notice of the necessity for such maintenance or repair to be served upon such Unit Owner, which notice may be served by delivering a copy thereof to any occupant of such Unit, or by mailing the same by certified or registered mail addressed to the owner of the Unit. If such Unit Owner fails or refuses to perform any such maintenance or repair within a reasonable time started in the notice (or any extension thereof approved by the Board) the Board may cause such maintenance and repair to be performed at the expense of such Unit Owner.

If, due to the act or neglect of a Unit Owner, or of a member of his family or household pet or of a guest or other authorized occupant or visitor of such Unit Owner, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repairs or replacements shall be required which would otherwise be at the common expense, then such Unit Owner shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board, to the extent not covered by insurance.

The Board shall have exclusive authority to take, or refrain from taking, any action pursuant to this Article VIII, Section 1. All expenses which, pursuant to this Section 1, are chargeable to any Unit Owner, may be specifically assessed to such Unit Owner and shall be payable by such Unit Owner as prescribed by the Board.

2. Limited Common Elements. Any charge or expense in connection with expenditures for the Limited Common Elements shall be assessed only against that Unit to which such Limited Common Elements are assigned.

3. Alterations, Additions or Improvements. No alterations of any Common Elements or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board. Any Unit Owner may make alterations, additions and improvements within his Unit without prior written approval of the Board, but in any event such Unit Owner shall be responsible for any damages to other Units, the Common Elements, or the Property as a result of such alterations, additions or improvements. Nothing shall be done in any Unit, or in, on or to the Common Elements which will impair the structural integrity of the Building or which would structurally change the building.

4. Decorating. Each Unit Owner shall furnish and be responsible for, at his own expense, all of the decorating within his own Unit from time to time, including painting, wall papering, washing, cleaning, paneling, floor covering, draperies, window shades, curtains, lamps and other furnishings and interior decorating. The use of and the covering of the interior surfaces of windows, whether by draperies, shades or other items visible on the exterior of the Building, shall be subject to the rules and regulations of the Board. Decorating of the Common Elements (other than interior surfaces within the Units as above provided) and any redecorating of the Units to the extent made necessary by any damage to existing decorating of such Units caused by maintenance, repairs or replacement work on the Common Elements by the Board, shall be furnished by the Board as part of the common expenses. Anything in this paragraph to the contrary notwithstanding, all Units located above a Unit shall have fully carpeted hallways and at least 80% Of all other floor areas shall be carpeted excepting therefrom, kitchen and bathroom floor areas.
 
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SWalsh1428

Guest
It describes the unit as:

UNIT

1. Description and Ownership. All units in the building and all garage units are located on the Development Parcel and are delineated on the survey hereto attached as Exhibit "A" and made a part of this Declaration. The legal description for the Parcel submitted herein to the Condominium Act is set forth in Exhibit "C" attached hereto and made a part hereof. It is understood that each unit consists of the space enclosed or bounded by the horizontal and vertical planes set forth in the delineation thereof in Exhibit "A". Every deed, lease, mortgage or other instrument may legally describe a unit by its identifying number or symbol as shown on Exhibit "A", and every such description shall be deemed good and sufficient for all purposes. Except as otherwise provided in the "Condominium Property Act", no Unit owner shall by plat or otherwise, subdivide or in any other manner cause his unit to be separated into any tracts or parcels different from the whole unit as shown on Exhibit "A".

2. Certain Structures Not Constituting Part of a Unit. No owner shall own any pipes, wires, conduits, public utility lines or structural components running through his unit and serving more than his unit except as a tenant in common with all other owners.


The exhibits ("A" and "C") describe the coordinates for my unit and garage.
 

HomeGuru

Senior Member
Thus far, you have nor provided any evidence to back-up your statement.



SWalsh1428 said:
What is the name of your state? Illinois
(The garage space is owned entirely by me. I pay separate taxes on the property.)
 
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SWalsh1428

Guest
What if I told you that I was going to place the walls within the space described below?:

It is understood that each unit consists of the space enclosed or bounded by the horizontal and vertical planes set forth in the delineation thereof in Exhibit "A".
 

HomeGuru

Senior Member
SWalsh1428 said:
What if I told you that I was going to place the walls within the space described below?:

It is understood that each unit consists of the space enclosed or bounded by the horizontal and vertical planes set forth in the delineation thereof in Exhibit "A".
**A: I do not give advise based on what you think you want to do. Read my last post and give me a direct answer.
 

nextwife

Senior Member
Would the board or neighbors be OK with it if you erected a series of free standing tall shelving units along your side, and attached a back to them? You can remove them if ever needed. Just make sure it is anchored to something so it can't be tipped.
 
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SWalsh1428

Guest
HomeGuru said:
Thus far, you have nor provided any evidence to back-up your statement.



SWalsh1428 said:
What is the name of your state? Illinois
(The garage space is owned entirely by me. I pay separate taxes on the property.)
What are you exactly looking for here? I feel the above descriptions of the Unit state that the space within the garage and condomium are owned entirely by me.

I can give you the exact horizontal and vertical coordinates which are given in "Exhibit A", but I can verify that they describe the area within both garage and condo.

Thanks for your help.
 
S

SWalsh1428

Guest
nextwife said:
Would the board or neighbors be OK with it if you erected a series of free standing tall shelving units along your side, and attached a back to them? You can remove them if ever needed. Just make sure it is anchored to something so it can't be tipped.
Hi NextWife,

The board is fine with people placing shelving/storage units (on your property) within the garages. I'm just trying to understand the difference between that and constructing a wall (on your property).

Thanks for the suggestion.
 

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