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Common Elements

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A

allwrappedup

Guest
What is the name of your state? NY
Our Declaration to our Condo states-The common elements of the community will consist of all of the Community, exept the homes, including but without limitations, outside walls , balconies, terrsces and roofs of homes, the land and improvements (other than the homes) comprising the community( including the land under the improvements, all utility lines or other pipes, conduits and material located outside of the homes, outside and carport parking areas for automobiles. grass and landscaped areas and sidewalks, storage and utility areas.
Certain portions of the common elements are irrevocably restriced in use to specified persons, subject to the right of the board of manangers , to enter upon restriceted area for maintainance ,repair ot improvement of a home or common element and subject to rules of the board of managers. Any portion of the common elementss which is not restricted in use may be used by all home owners.

The land descriprion calls for 130 spaces -50 frre and one space per unit(includes the carports in this number)
The Board of managers put recerved parking into place and gave the crport owners another reserved space . Two reserved for them and one for all other.
There is another section of our declaration callin for no division or partion of the common elements without a vote of homeowners and 80% to ammende the Declaratio.
The boards attorney says they are calling in a parking regulation and all homeowners have to recieve a reserved spot and the carports are not included in the common elements. The carports are not included the parking spaces are included in our total common element. This seems unfair .Any comment for us upset homeowners??Thank You
 


HomeGuru

Senior Member
allwrappedup said:
What is the name of your state? NY
Our Declaration to our Condo states-The common elements of the community will consist of all of the Community, exept the homes, including but without limitations, outside walls , balconies, terrsces and roofs of homes, the land and improvements (other than the homes) comprising the community( including the land under the improvements, all utility lines or other pipes, conduits and material located outside of the homes, outside and carport parking areas for automobiles. grass and landscaped areas and sidewalks, storage and utility areas.
Certain portions of the common elements are irrevocably restriced in use to specified persons, subject to the right of the board of manangers , to enter upon restriceted area for maintainance ,repair ot improvement of a home or common element and subject to rules of the board of managers. Any portion of the common elementss which is not restricted in use may be used by all home owners.

The land descriprion calls for 130 spaces -50 frre and one space per unit(includes the carports in this number)
The Board of managers put recerved parking into place and gave the crport owners another reserved space . Two reserved for them and one for all other.
There is another section of our declaration callin for no division or partion of the common elements without a vote of homeowners and 80% to ammende the Declaratio.
The boards attorney says they are calling in a parking regulation and all homeowners have to recieve a reserved spot and the carports are not included in the common elements. The carports are not included the parking spaces are included in our total common element. This seems unfair .Any comment for us upset homeowners??Thank You
**A: I already discussed this issue with you in an earlier and similar thread.
Did you have the condo docs reviewed by an attorney like I suggested?
 
A

allwrappedup

Guest
Common elements

Ny
Yes we did however the attorney we consulted did not write a letter yet and we are going to the condo meeting and need help.
They are bringing the condo attorney and we have no one to represent us, tonight. They want to have a board vote when we leave. It seems clear to us however half the board does not see it this way. At the last meeting when asked if they have reviewed our declaration they said that is why they have the attorney.
 

HomeGuru

Senior Member
Re: Common elements

allwrappedup said:
Ny
Yes we did however the attorney we consulted did not write a letter yet and we are going to the condo meeting and need help.
They are bringing the condo attorney and we have no one to represent us, tonight. They want to have a board vote when we leave. It seems clear to us however half the board does not see it this way. At the last meeting when asked if they have reviewed our declaration they said that is why they have the attorney.
**A: request that the HOA defer making a decision on this issue until the next meeting such that your attorney will be able to be present.
 
A

allwrappedup

Guest
We have however they feel they are in the right with the attorney present to enforce the parking regulation.
 

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