Common vs limited element

[Kunderly]

What is the name of your state? IL

We have 14 units in our assocation 2 garden which do not have a limited common element deck assigned to their unit. Over the last few years the garden unit owners have asked permission from the board to place chairs, grills and flowers in the common element area. The common element area is a cement slab between the three story decks. As a board member I instructed them to make sure the did not block any access to the stairways due to potentail fire hazzards. They constructed a portable L shpaed fence to block off their common element space as in structed.

Now a unit owner is furious over the so called "structaul changes" to a common element without unamious descion from all unit owners. We told her since the garden unti owners have had to pay special assements on the limited common element which they do not use, that we felt it was ok for them to maximize this space.

The garden unit common area space is for the complete condo assocation.

Do they have to take it down? Are the garden units responsible for paying special assements on limited common elements they do not use?

Thanks for your help!

 

[HomeGuru]

What is the name of your state? IL

We have 14 units in our assocation 2 garden which do not have a limited common element deck assigned to their unit. Over the last few years the garden unit owners have asked permission from the board to place chairs, grills and flowers in the common element area. The common element area is a cement slab between the three story decks. As a board member I instructed them to make sure the did not block any access to the stairways due to potentail fire hazzards. They constructed a portable L shpaed fence to block off their common element space as in structed.

Now a unit owner is furious over the so called "structaul changes" to a common element without unamious descion from all unit owners. We told her since the garden unti owners have had to pay special assements on the limited common element which they do not use, that we felt it was ok for them to maximize this space.

The garden unit common area space is for the complete condo assocation.

Do they have to take it down? Are the garden units responsible for paying special assements on limited common elements they do not use?

Thanks for your help!

**A":read your CC&R's. That condo unit owner is correct.

 

[Kunderly]

IL

Do they have to pay for a special assement on the limited common element they do not use.

Does the portable fence need to come down?

Thanks Kari

 

[Kunderly]

IL

Which condo owner is correct? The one that got permission from the board or the one that is not happy?

Thanks

 

[HomeGuru]

IL

Which condo owner is correct? The one that got permission from the board or the one that is not happy?

Thanks

**A: the unhappy one.