novice_buyer
Junior Member
What is the name of your state (only U.S. law)? MA
After consulting with a lawyer today this is what I found out today:
The person who wants to take over the common area in my 12-unit condo building, and enclose it within the walls of their unit, is doing it through a Grant of Limited Common Area.
With this option no one's percentage interest is affected.
There only needs to be a vote of approval of 51% of the percentage interest and the consent of this person's mortgagee.
Even though our Declaration of Trust stipulates that a 67% vote of approval is required, the lawyer says that "the language in the condominium statute about grants of limited common area trumps the language in the condo docs."
One learns something every day. I did not know that there was this option.
After consulting with a lawyer today this is what I found out today:
The person who wants to take over the common area in my 12-unit condo building, and enclose it within the walls of their unit, is doing it through a Grant of Limited Common Area.
With this option no one's percentage interest is affected.
There only needs to be a vote of approval of 51% of the percentage interest and the consent of this person's mortgagee.
Even though our Declaration of Trust stipulates that a 67% vote of approval is required, the lawyer says that "the language in the condominium statute about grants of limited common area trumps the language in the condo docs."
One learns something every day. I did not know that there was this option.
