bench placed on common elements against rules

enavigator said:

What is the name of your state (only U.S. law)? New Jersey

Several months ago the condo association sent out a reminder of the Rules & Regulations to all owners and residents, stating the following (exactly as shown):
“no permanent outdoor furniture is permitted on the common elements. Chaise lounges, folding chairs and lawn chairs are NOT TO BE LEFT OUSIDE A UNIT OVERNIGHT.”

Several weeks ago, I asked my next door neighbor, who owns an end unit, if she would move the park bench she bought and placed in front of her unit so it wasn’t so close to my windows, because the cigarette smoke and noise from her visitors’ loitering was creating a problem for me. Because of the wind direction, the cigarette smoke is drawn into my unit and my condo smells if I open my window. I suggested she place the bench on the opposite side of her front door where she had no next door neighbor. She acknowledged that the bench was in violation of the rules and said she would take care of it. She has not kept her word and now says if she has to move it, then all residents with outdoor furniture must not be allowed to place it on the common elements. She doesn’t want to move it to the other side because she will then have to get up off the couch to see the bench from her living room window. Because of the wind direction, I believe she would have the same issue I do about the cigarette smoke if she moved it. At the same time, she told me to move it myself.

Since my neighbor is unwilling to compromise, and I wasn’t sure of the repercussions if I moved it myself, I asked the condo association to have her remove the bench. They wrote to me saying if they do as I ask, then they “would have to notify all residents to do the same, which is an unreasonable request.”

Any advice would be much appreciated.

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enavigator said:

I pushed the HOA but they refuse to enforce the rule, repeating the Board's position that "it is an unreasonable request when there are numerous benches throughout the community."

Any other suggestions?

What if I move the bench myself? I prefer not to start down that road. My neighbor told me to move it myself, but it was before the HOA refused to enforce the rule. The place he told me to put it raises safety concerns because it's more steeply sloped.

Your being there as a sounding board is much appreciated.

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enavigator said:

I have written twice to the HOA c/o the management group (who's hired by the HOA). I will now address letters directly to the Board of Directors.

I think I'll also count the number of benches on common elements. There are many lawn chairs, but I don't remember any other benches, but there may be a few. I'm also going to ask them to confirm in writing that there has never before been an instance of the rule being enforced on any unit. I would be very surprised if it hasn't in the 14 years of existence. And I'll continue my campaign with anything else I can think of.

It's such a waste of time and energy to have to do this. Dear lord will it every end...

Thanks again so much for being there...

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