Can my condo association remove wooden frame enclosure from my balconies?

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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 10 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. 


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