Can my condo association remove wooden frame enclosure from my balconies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my condo association remove wooden frame enclosure from my balconies?
I’ve lived in condo 14 years and have always had wooden frame enclosures. I have recently had a new one made and put up. It is in perfect condition and if I don’t have it then I will have nothing b/ecause I cannot afford aluminum enclosures which they are now insisting upon. Can they take mine down without my permission?
Asked on February 24, 2011 under Real Estate Law, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Hummmm. I think that you may need to seek help from an attorney in this matter. If I understand you correctly each condo unit's balcony has an enclosure and you have - up until now - been able to choose to have it in the material of your choice but the condo association has now changed the by-laws to allow for only aluminum enclosures, correct? Condo Associations can change the by-laws and they are binding on you as long as they are properly done. How the change reads may be important here and you could possibly fight them legally on the matter depending on state law. Does the by-law require that all NEW enclosures be aluminum? In other words, as the existing enclosures become worn and replaced? Or does it require immediate replacement, which could present a hardship? Take the paperwork to someone to review. Until that time tell them they can not do so on their own. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.