patio/balcony usage by occupant

Started by JohnK6 • 3 replies • 1809 views

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JohnK6 (Colorado)
Posts: 4

Posted:

by definition the balcony is not included in the legal definition of a condo-because its outside.still the occupant of the condo uses the balcony/patio-and different people want to do different things with their balconies/patios.for example one of our tenants has put up a screen made of mesh fabric to keep the mosquitos out,another has put up an awning to block the afternoon sun,some people have tibetan prayer flags strung across their balconies. balconies/patios are designated as being limited common areas subject to control by the hoa but how restrictive should an hoa be to balcony usage?also does anyone know how re-sale value of condos is effected when some balconies are without any kind of addition or adornment and some are?

SusanW1 (Michigan)
Posts: 5,202

Posted:

First you say the balconies don't belong to the owner, then you say "their balconies" - which is it?

"Junky-looking" is a word I would be concerned about. And "permanency". Do those screens come down? Are the flags taken in at the end of the summer?

Why doesn't your board have a policy on outdoor use of the balconies?

DonnaS (Tennessee)
Posts: 5,671

Posted:

John,

I would hope that somewhere in your documents there are guidelines and restrictions on those balconys and their uses. Balconys are limited common structure as you said. You are probably responsible for replacement and maintenances of the ceilings, flooring (but not structure flooring)and drywall if there is any.
I'll bet cash that you do have it hidden somewhere in the bowels of the legal wording somewhere. If you don't, then it is about time that a committee is formed by the Board to look into keeping your buildings looking less like a discount strip mall with all of the flags. You say that you do have rules about it so why not start enforcing.

MikeS1
Posts: 668

Posted:

We have a condo investment property and my neighbor upstairs (despite the very clear written rules about this), decided to put outdoor carpet over the 2x6 deck boards and all isboards rotted out. You could not see this from the outside of the home, but you could just barely notice this if you standing directly below the deck. The COA make the owner pay for the replacement of the decking in this case. Our COA would certainly not allow the screening or the awning. The flags might be questionable and subject to state laws on this issue (we won't go there today). Anytime that you start drilling into the structure and attaching brackets, stapling mesh screens, it's probably not a good idea. The nature of the installation of these two items seems to sound more permanant in nature and they have definately altered the exterior of the condo. Our docus clearing state if the owner hangs plants or attaches other items like swings, hammocks, etc, that they are responsible for restoring the property back to it's original condition. But what do you do now that you have all these holes in the framing or trim? I think that you did into the docs, I think that you'll find that this really isn't a good idea to let this go. Where do you draw the line? We had one resident that wanted to totally close-in the balcony... permanantly. Good luck.

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