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Subject: Acquiring Common Space
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Author Messages
JM17
(California)

Posts:2


08/28/2017 5:28 PM  
In the building I live, there is a common space room that is owned by the HOA. At one point it was used as a shared workout space for the building but now it goes unused.
Does anyone have any experience in buying spaces like this from the HOA? It borders my apartment and selling it would bring in much needed money to the HOA.

MelissaP1
(Alabama)

Posts:6784


08/28/2017 8:43 PM  
It's common area. You all own it. Who you want to sell it to? Doesn't make much sense. Just re-purpose it to something else if not being used.

Former HOA President
TimB4
(Virginia)

Posts:14854


08/28/2017 8:58 PM  
The Board typically has broad authority to sell common areas.

However, check local statutes and governing documents to know what hoops have to be jumped through.
My advice, contact an attorney to see if it's possible.
Then make an offer.
LetA
(Nevada)

Posts:305


08/29/2017 10:01 PM  
Be careful what you wish for, you'll be on the hook for an additional assessment.
BTW how many units in your condo? and what is the square footage of this room?
Repurpose it as a storage locker for each unit.
JeffT2
(Iowa)

Posts:346


08/29/2017 10:11 PM  
"Membership Approval. Unless the association's governing documents specify a different percentage, giving an owner exclusive use of any portion of the common areas requires the approval of 67% of the membership. (Civ. Code §4600(a).)"

see:
https://www.davis-stirling.com/Main-Index/Granting-Exclusive-Use
JanetB2
(Colorado)

Posts:3642


08/29/2017 10:23 PM  
Posted By JeffT2 on 08/29/2017 10:11 PM
"Membership Approval. Unless the association's governing documents specify a different percentage, giving an owner exclusive use of any portion of the common areas requires the approval of 67% of the membership. (Civ. Code §4600(a).)"

see:
https://www.davis-stirling.com/Main-Index/Granting-Exclusive-Use

As Tim noted ... make an offer ... they will either say Yes or No. As LetA stated ... you should be on the hook to pay additional HOA dues for the property you obtain if they say Yes.
JanetB2
(Colorado)

Posts:3642


08/29/2017 10:27 PM  
Sorry I hit quote on the wrong individual ... darn that no allow to correct
JanetB2
(Colorado)

Posts:3642


08/29/2017 10:29 PM  
Posted By TimB4 on 08/28/2017 8:58 PM
The Board typically has broad authority to sell common areas.

However, check local statutes and governing documents to know what hoops have to be jumped through.
My advice, contact an attorney to see if it's possible.
Then make an offer.


Correct quote with below added text:

As Tim noted ... make an offer ... they will either say Yes or No. As LetA stated ... you should be on the hook to pay additional HOA dues for the property you obtain if they say Yes.

KerryL1
(California)

Posts:4374


08/30/2017 1:24 PM  
Note Jeff's citation of CA Civil Code, JM. You need approval by 67% of your fellow owners. Do check your own CC&Rs too, which probably address this issue. Even if you could get it, along with extra dues for the sq. ft., you'd probably need building permits to combine it with your unit, yes?

My own preference also would be to put the room to a useful common area purpose. Bike storage?
KerryL1
(California)

Posts:4374


08/30/2017 1:24 PM  
Note Jeff's citation of CA Civil Code, JM. You need approval by 67% of your fellow owners. Do check your own CC&Rs too, which probably address this issue. Even if you could get it, along with extra dues for the sq. ft., you'd probably need building permits to combine it with your unit, yes?

My own preference also would be to put the room to a useful common area purpose. Bike storage?
JM17
(California)

Posts:2


08/30/2017 6:06 PM  
These are all great ideas. Thanks everyone. I think I will take your advice and contact an attorney.
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Forums > Homeowner Association > HOA Discussions > Acquiring Common Space



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