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Neighbor altering Common Element

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bell1976

Junior Member
What is the name of your state? IL

I live in a 4 unit condo building, on the top floor. Our neighbour below us has deck where a rail was put up by the developer to seperate his deck from the common walkway aka fire escape. The walkway is classified as a Common Element on the blueprint. Our neighbour had removed the rail seperating his deck from the walkway, in essence trying to make his deck space larger.

He had said that he asked the developer and the developer had said it was ok. However, I have had a few friends slip and fall because the rail was not there. My neighbor's argument is that there is another rail on the other side which is not a full rail but the stairs.

Is he allowed to remove this rail? Even if the developer had said it was ok? The blueprints were not changed to reflect this. He has also installed a small gate on the stairs so that his dog would not get out. Isn't that a fire hazard?

Any assistance would be appreciated.
 



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