What is the name of your state? California
Hopefully, someone will have had a similar experience or can offer some advice! Thanks!
Quick version: Is there a homeowner's right to improve an existing structure that has been grandfathered as long as the improvement doesn't alter the "look-and-feel" of the structure nor do anything to common area or other residents' units?
Background: We have owned a top-floor condominium in S. California since 1991. We were the first occupants in the building we live in, which is the second of two buildings in the condominium development. We worked with the developer/builder of the property to construct an "overhang" (aka "pergola" or perhaps even "arbor" -- a slatted wooden structure) to serve as a patio cover to our top-floor balcony (the building is 3 stories). No one is behind us, above us or in front of us -- a marina is in front of the balcony and on the other side of the building is wetlands and an distant ocean view. Our unit surrounds the balcony on the three walled sides, so no neighbors' units are affected. Since this "overhang" has been in existence since building construction 14 years ago, it is considered an existing, grandfathered structure.
We now want to further protect our balcony from the elements for a variety of reasons while still being able to enjoy the sunshine, for which we bought a top-floor unit. We investigated possiblities at other communities since we are the only ones to have such a structure in our community (others have solid retractable awnings).
We found that many people (again, outside of our community) have used strong, clear corrugated plastic panels screwed into the top of the overhang. These are so clear they are nearly invisibile even when standing directly beneath them, and they lie recessed within the overhang structure being blocked from view by the overhang's wooden beams. Further, they are attached directly to the overhang, not the building itself, so they are not attached or near "common" property. Any water from rain or cleaning would fall onto our balcony as the panels would be recessed from the overhang edge (and the balcony walls are solid stucco), and would use existing gutter system.
We requested permission from the Board of Directors for these panels, and the request was denied without any reason given other than that if they approved this request, then they would have to approve everyone else's variety of requests they receive from other homeowners (such as making a sunroom out of a balcony, installing marble floors, etc. -- things that don't seem to be relevant to our request). One board member even said he liked the overhang, but because he was denied use of his jacuzzi tub after 10 p.m., he couldn't grant us permission.
Questions:
1. What rights do we have, if any, regarding doing what we want with an existing structure as long as it DOES NOT alter the structure (we're not changing it's shape, color or purpose, for instance), harm anyone else's enjoyment of their property, lower home value, or block a view? It can't even be seen.
2. When the Board denies a request, don't they have to provide a clear explanation, not just "request denied?"
3. Their lawyer sent us a letter citing certain articles of the CC&Rs, but we don't have a current copy of the CC&Rs -- ours is dated 1991. Don't they have to provide us with a current copy if we ask for one? And, when citing a particular CC&R, don't they have to explain HOW our request violates it when asked? (And, as background, it seems that the lawyer confused our property with another property as the letter outlines denial reasons such as "glare from lights" and "blocking ocean view" in her letter, yet neither of these are relevant to our request.)
4. Similarly, we've asked for the means to pursue mediation/arbitration and have been met with no response. Nothing in our homeowner's documents outlines this avenue. If we ask the board to provide us with the means for this, don't they have to comply?
5. Do we have a right to get copies of board meeting minutes if we ask for them? Can we have minutes of the entire meeting?
6. Lastly, we have taken pictures of other balconies within our condominium community that have things on them that clearly detract from the building aesthetics such as freestanding picnic tents (a hazard as well) and clothes lines. We've asked the board to enforce their rules with these people if they continue to deny our request. How can we make them comply? (Other than voting in a new board... it's not a very "communal" community, so it is hard to get people together -- most residents would rather just not get involved or bypass the board if they can).
Thank you very much.
Hopefully, someone will have had a similar experience or can offer some advice! Thanks!
Quick version: Is there a homeowner's right to improve an existing structure that has been grandfathered as long as the improvement doesn't alter the "look-and-feel" of the structure nor do anything to common area or other residents' units?
Background: We have owned a top-floor condominium in S. California since 1991. We were the first occupants in the building we live in, which is the second of two buildings in the condominium development. We worked with the developer/builder of the property to construct an "overhang" (aka "pergola" or perhaps even "arbor" -- a slatted wooden structure) to serve as a patio cover to our top-floor balcony (the building is 3 stories). No one is behind us, above us or in front of us -- a marina is in front of the balcony and on the other side of the building is wetlands and an distant ocean view. Our unit surrounds the balcony on the three walled sides, so no neighbors' units are affected. Since this "overhang" has been in existence since building construction 14 years ago, it is considered an existing, grandfathered structure.
We now want to further protect our balcony from the elements for a variety of reasons while still being able to enjoy the sunshine, for which we bought a top-floor unit. We investigated possiblities at other communities since we are the only ones to have such a structure in our community (others have solid retractable awnings).
We found that many people (again, outside of our community) have used strong, clear corrugated plastic panels screwed into the top of the overhang. These are so clear they are nearly invisibile even when standing directly beneath them, and they lie recessed within the overhang structure being blocked from view by the overhang's wooden beams. Further, they are attached directly to the overhang, not the building itself, so they are not attached or near "common" property. Any water from rain or cleaning would fall onto our balcony as the panels would be recessed from the overhang edge (and the balcony walls are solid stucco), and would use existing gutter system.
We requested permission from the Board of Directors for these panels, and the request was denied without any reason given other than that if they approved this request, then they would have to approve everyone else's variety of requests they receive from other homeowners (such as making a sunroom out of a balcony, installing marble floors, etc. -- things that don't seem to be relevant to our request). One board member even said he liked the overhang, but because he was denied use of his jacuzzi tub after 10 p.m., he couldn't grant us permission.
Questions:
1. What rights do we have, if any, regarding doing what we want with an existing structure as long as it DOES NOT alter the structure (we're not changing it's shape, color or purpose, for instance), harm anyone else's enjoyment of their property, lower home value, or block a view? It can't even be seen.
2. When the Board denies a request, don't they have to provide a clear explanation, not just "request denied?"
3. Their lawyer sent us a letter citing certain articles of the CC&Rs, but we don't have a current copy of the CC&Rs -- ours is dated 1991. Don't they have to provide us with a current copy if we ask for one? And, when citing a particular CC&R, don't they have to explain HOW our request violates it when asked? (And, as background, it seems that the lawyer confused our property with another property as the letter outlines denial reasons such as "glare from lights" and "blocking ocean view" in her letter, yet neither of these are relevant to our request.)
4. Similarly, we've asked for the means to pursue mediation/arbitration and have been met with no response. Nothing in our homeowner's documents outlines this avenue. If we ask the board to provide us with the means for this, don't they have to comply?
5. Do we have a right to get copies of board meeting minutes if we ask for them? Can we have minutes of the entire meeting?
6. Lastly, we have taken pictures of other balconies within our condominium community that have things on them that clearly detract from the building aesthetics such as freestanding picnic tents (a hazard as well) and clothes lines. We've asked the board to enforce their rules with these people if they continue to deny our request. How can we make them comply? (Other than voting in a new board... it's not a very "communal" community, so it is hard to get people together -- most residents would rather just not get involved or bypass the board if they can).
Thank you very much.