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Subject: improvements to common areas
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Author Messages
KM6
(South Carolina)

Posts:1


09/15/2020 1:49 PM  
Anyone in a horizontal property regime in SC improved/expanded a unit into the common areas
JohnC46
(South Carolina)

Posts:9877


09/15/2020 2:02 PM  
Your question is to broad. What type expansion are you talking about? How is expanding into the common area an improvement? It would require an approval either by the BOD or maybe even the majority of fellow owners as it could be "taking" their common area away from them. Please clarify.
TimB4
(Virginia)

Posts:16955


09/15/2020 6:35 PM  
Not in SC.

We did have an owner purchase some common area along their lot (hence increasing it's size).
This was done with all the proper paperwork (dividing land, recording deeds, etc.).

CathyA3
(Ohio)

Posts:1235


09/16/2020 7:35 AM  
A horizontal property regime sounds like condos to me.

The issue is that all owners have an undivided interest in the common areas. The percentage of ownership will be spelled out in the CC&Rs. But the key is *undivided*. No single owner can say "this piece is mine." In order for that owner to expand into the common areas, the CC&Rs must be modified, percentage of ownership for all owners changed, and (most important) the owners must vote to approve this change.

Speculation since I'm not a lawyer:

This sort of change is different from simply modifying a restriction, such as changing the parking rules. This proposed change negatively affects every person's ownership - it takes something away from them - which makes me think that all owners would have to agree to the change and *would have to be paid* for what the expanding owner is taking away from them.


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Forums > Homeowner Association > HOA Discussions > improvements to common areas



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