<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lani Jacobsen:
I am a homeowner in a small townhome association that is a new development in Minnesota. The association was recently turned over to the owners by the builder. Outside of one's individual home, all property is common - that is, no one has an individual "backyard." We have very few bylaws as yet - I am on the Board and we are attempting to develop policy and bylaws. Some homeowners want to extend decks or build patios on the common property behind their units. Does this constitue a taking of common property for private use? Does legal precendent prohibit this, or may the Association write bylaws that permit this? Please help - members are coming to blows over this. <HR></BLOCKQUOTE>
My response:
Sounds like a Taiwanese Legislative Session. Sure, the Association of homeowners can take a vote on the issue. For example, "a motion has been raised to hear the issue of extending one's backyard 10 feet for the purpose of building a cement patio, with enclosure, onto common property. All those willing to hear the motion, say "aye." Those against, say "No." Then if the motion passes, the issue is heard for consideration of all aspects and concerns of the Association. If the issue passes, then everyone can, if they choose, build a patio. However, if built, that percentage amount must be dealt with in terms of dollars and cents for those who choose not to build. Get a copy of "Robert's Rules of Order" from your bookstore, and pass it around.
Good luck to you.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited April 10, 2000).]
