Common property encroachment

[shemmerich]

What is the name of your state?ILLINOIS
Our HOA as allowed board members to build and extended patio well into the common area. Our declaration strictly states that the patio can extend no more than 14ft from the patio door. The president of the board extended 22 feet. He is well into the common area. Our board and past and present property managers have refused to address this despite my multiple attempts. What is my option?

 

[PayrollHRGuy]

Contact a local lawyer skilled in HOA laws and agreements. Have him look at the agreement.

 

[justalayman]

While it is an obvious violation of the rules, and even the exceptions currently allowed, I have to ask; does this actually affect you? Does his extra 8 feet affect anything in your life other than you know his deck is bigger than everybody else’s?

 

[Zigner]

While it is an obvious violation of the rules, and even the exceptions currently allowed, I have to ask; does this actually affect you? Does his extra 8 feet affect anything in your life other than you know his deck is bigger than everybody else’s?

It seems to me that the larger deck takes away from others' use of their (collective) property.

 

[justalayman]

It seems to me that the larger deck takes away from others' use of their (collective) property.

That may be possible but not all such issues affect all members of a coa. There could be multiple groups of condo’s with each group having its own effective common area and the op is not within this group.

While the ultimate legality of the construct isn’t affected, whether it is something the op should make too big of a stink about could be based on whether it actually affects him specifically or not.

 

[Zigner]

That may be possible but not all such issues affect all members of a coa. There could be multiple groups of condo’s with each group having its own effective common area and the op is not within this group.

I suppose it's possible...but just how far out from the presented facts are the guesses going to go?

 

[FlyingRon]

If you can't get relief from the board, you should get some of the other affected homeowners who are of a like mind together and chip in on a lawyer. It is likely possible to sue the HOA (and in fact, you likely can do so in the name of the homeowners at large). Of course, this should be a last resort. People typically roundly lose in such lawsuits even if they prevail. The HOA will use your own dues to pay for their attorneys and if you name any of the directors, you can likely trigger larger E&O policy premiums going forward. Start with the lawyer alone and see if he can persuade the board to enforce the HOA CCRs.

 

[justalayman]

I suppose it's possible...but just how far out from the presented facts are the guesses going to go?

I guessed at nothing. I provided a reason for my question to you when you asked simply to allow you to understand why I asked what I did.


While you suggest I am guessing at something, are you not guessing that the hoa president having a bigger deck than the op actually affects the op rather than it merely being the op feels inferior because his deck is smaller?

Sometimes questions posed here are more about jealousy than real issues.

 

[Zigner]

Occam's Razor.

That is all.

 

[justalayman]

Occam's Razor.

That is all.

After all of the petty people you seen on this forum you’re going to toss Occam’s razor at me?


Given the experiences, I think Occam’s razor may actually suggest my concern may be the actual situation.

 

[Zigner]

After all of the petty people you seen on this forum you’re going to toss Occam’s razor at me?


Given the experiences, I think Occam’s razor may actually suggest my concern may be the actual situation.

Frankly - I can't really argue with you on your point.

 

[FlyingRon]

I switched to the triple-bladed Occam's razor years ago.

 

[Mass_Shyster]

What is the name of your state?ILLINOIS
Our HOA as allowed board members to build and extended patio well into the common area. Our declaration strictly states that the patio can extend no more than 14ft from the patio door. The president of the board extended 22 feet. He is well into the common area. Our board and past and present property managers have refused to address this despite my multiple attempts. What is my option?

Why not set up a grill and have a cookout in the common area where the president graciously put a patio for all to use.

 

[Just Blue]

I switched to the triple-bladed Occam's razor years ago.

The Lady's Occam's is great!

 

[shemmerich]

My point is that there is more than 1 person doing this. According to the declaration rules the board has not authority to grant an individual easement past their own property line which has been defined. By being past their property line and in the common property they are essentially allowing the rest of the community to contribute to the taxes and maintenance fees on that property. Additionally, since their constuction is in the common area, it is an increased liability to the community.