
Delaware
I currently own a unit in a condominium community. There are clusters of two, to six units in a single building. My deed states that I own .0624% undivided interest in all common elements. All 166 units have been sold, and the entire community is controlled by the HOA. During the past year, several unit owners have made major structural changes. These changes range from enclosing a screened in porch, to adding a story, and everything in between. After completion, some of these alterations are barely noticeable, while others stick out like sore thumbs. Initially, all windows were of the double hung type, but there are now casement, sliders and I have even seen transom windows on a unit. The expansion of decks over the common grounds is also on the rise.
I am concerned that in the next few years my community will not be recognizable due to the current trends. Initially, the cost of these improvements are paid for by the individual unit owner, but then become part of the common elements. This does not seem right, considering the fact that the increase in liability and maintenance is now shared by all unit owners equally, but benefits only the individual who actually gets to use the improvement.
If I am an equal owner in all common elements, how can this occur without my permission?