Condo Addition

[jlglex]

What is the name of your state? Massachusetts

I live in a townhouse type condominium. There are 12 units in the association, and there is no vertical stacking of units. My unit and one other unit share a single structure, side by side, but there are no other units above or below mine.

There is a pull-down staircase within my unit that leads to a partially finished attic space that was described to me as storage space by the realtor. That space has a layer of insulation and a floor on it.

Several other units in this association have finished rooms, with dormer windows, in their attic spaces. I would like to build a new room with a dormer window in my attic space, as well. However, the condo association attorney tells me that I cannot do so because my attic space is actually common area belonging to the association.

The description in the deed is somewhat vague in that it refers to the space within the "roof joists" as belonging to me. The condo association attorney, by virtue of his conclusion that the attic space belongs to the association, seems to be implying that the "ceiling joists" are actually the "roof joists." Anyways, we have a disagreement about this.

The addition that I plan would be completely in keeping with the exterior style of the association, and - as previously stated - several units already have dormer windows & finished attic spaces. Common sense and basic fairness indicates to me that I should also be able to build such an addition, but the association President will not allow me this because the attorney has concluded that the association owns that space.

Is this attorney just trying to create more work for himself (and other attorneys) by putting up resistance? Or, is there some good reason I cannot build an attic addition?

Thanks.

Jonathan.

 

[HomeGuru]

What is the name of your state? Massachusetts

I live in a townhouse type condominium. There are 12 units in the association, and there is no vertical stacking of units. My unit and one other unit share a single structure, side by side, but there are no other units above or below mine.

There is a pull-down staircase within my unit that leads to a partially finished attic space that was described to me as storage space by the realtor. That space has a layer of insulation and a floor on it.

Several other units in this association have finished rooms, with dormer windows, in their attic spaces. I would like to build a new room with a dormer window in my attic space, as well. However, the condo association attorney tells me that I cannot do so because my attic space is actually common area belonging to the association.

The description in the deed is somewhat vague in that it refers to the space within the "roof joists" as belonging to me. The condo association attorney, by virtue of his conclusion that the attic space belongs to the association, seems to be implying that the "ceiling joists" are actually the "roof joists." Anyways, we have a disagreement about this.

The addition that I plan would be completely in keeping with the exterior style of the association, and - as previously stated - several units already have dormer windows & finished attic spaces. Common sense and basic fairness indicates to me that I should also be able to build such an addition, but the association President will not allow me this because the attorney has concluded that the association owns that space.

Is this attorney just trying to create more work for himself (and other attorneys) by putting up resistance? Or, is there some good reason I cannot build an attic addition?

Thanks.

Jonathan.

**A: did the other units with the finished attic spaces obtain HOA approval?
You need your own attorney to review the condo docs for the legal opinion as to the attic area. It seems to me that this would be a limited common element.

 

[jlglex]

Condo Attic Space

As I understand it, the other units' dormer windows were constructed during the original construction.

The deed clearly states that my unit includes the space bounded on top by the "ROOF JOISTS."

If the attic space was not included in my unit, then the deed should say that my unit is bounded on top by the "CEILING JOISTS," right?

 

[HomeGuru]

As I understand it, the other units' dormer windows were constructed during the original construction.

The deed clearly states that my unit includes the space bounded on top by the "ROOF JOISTS."

If the attic space was not included in my unit, then the deed should say that my unit is bounded on top by the "CEILING JOISTS," right?

**A: maybe, since what exactly was the intent of the authors? If the writers were not construction type people, that may have meant ceiling joists and wrote roof joists.