JenniferM4
Junior Member
What is the name of your state? New Mexico
Our Declaration gives power to the Board to designate Common Elements as Reserved Common Elements from time to time, and at their discretion for a reasonable charge for Use and Maintenance thereof. Some have interpreted this to mean that expansion into the common area is allowed. However, our Act states that reallocation of common elements to limited common elements is not allowed without an amendment. Can Boards legally allow select unit owners to expand their pre-designated limited common element patio into the Common area? The Bylaw is completely ambiguous!
Our Declaration gives power to the Board to designate Common Elements as Reserved Common Elements from time to time, and at their discretion for a reasonable charge for Use and Maintenance thereof. Some have interpreted this to mean that expansion into the common area is allowed. However, our Act states that reallocation of common elements to limited common elements is not allowed without an amendment. Can Boards legally allow select unit owners to expand their pre-designated limited common element patio into the Common area? The Bylaw is completely ambiguous!
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