PA Condo Common Element Interest

[PhillyCondo]

What is the name of your state? PA

I live in a 30 unit condo complex of a converted 1900 retirement home in Phila. Some units contain decks that were built in the original conversion (20+ years ago). One unit owner has proposed adding a rear deck by changing a window to a door for access.

Here is the question: Does converting a common element to the limited common element change the common element interest of each unit owner thereby requiring the unanimous consent of all unit owners?

The Board obtained one legal opinion that stated the since each unit owner owns a proportionate share (based on sq. footage, I believe) of the common elements. Each owner's common element interest would be reduced if the deck is built & therefore unanimous consent is required. My reading of that is that our share remains the same but the amount is reduced because there is less common elements to divide among the unit owners.

The owner making the proposal ( a retired lawyer) has said that opinion is incorrect because the change does not impact our common element interest.

What is your read on the situation?

 

[HomeGuru]

What is the name of your state? PA

I live in a 30 unit condo complex of a converted 1900 retirement home in Phila. Some units contain decks that were built in the original conversion (20+ years ago). One unit owner has proposed adding a rear deck by changing a window to a door for access.

Here is the question: Does converting a common element to the limited common element change the common element interest of each unit owner thereby requiring the unanimous consent of all unit owners?

**A: generally no. The conversion does not change the percentage of owership AND therefore does not require consent.

***********

The Board obtained one legal opinion that stated the since each unit owner owns a proportionate share (based on sq. footage, I believe) of the common elements. Each owner's common element interest would be reduced if the deck is built & therefore unanimous consent is required. My reading of that is that our share remains the same but the amount is reduced because there is less common elements to divide among the unit owners.

The owner making the proposal ( a retired lawyer) has said that opinion is incorrect because the change does not impact our common element interest.

What is your read on the situation?

**A: I agree with the retired lawyer. A physical change in improvements should not affect the CC&R's as written.

 

[HomeGuru]

What is the name of your state? PA

I live in a 30 unit condo complex of a converted 1900 retirement home in Phila. Some units contain decks that were built in the original conversion (20+ years ago). One unit owner has proposed adding a rear deck by changing a window to a door for access.

Here is the question: Does converting a common element to the limited common element change the common element interest of each unit owner thereby requiring the unanimous consent of all unit owners?

**A: generally no. The conversion does not change the percentage of owership AND therefore does not require consent.

***********

The Board obtained one legal opinion that stated the since each unit owner owns a proportionate share (based on sq. footage, I believe) of the common elements. Each owner's common element interest would be reduced if the deck is built & therefore unanimous consent is required. My reading of that is that our share remains the same but the amount is reduced because there is less common elements to divide among the unit owners.

The owner making the proposal ( a retired lawyer) has said that opinion is incorrect because the change does not impact our common element interest.

What is your read on the situation?

**A: I agree with the retired lawyer. A physical change in common area (common and/or limited common areas/elements) improvements should not affect the CC&R's as written.

 

[PhillyCondo]

PA Condo Common Interest

State: PA

What is the definition of common element interest? Your percentage share of the common elements or the amount? Converting common elements to limited common elements does not change our percentage share as it is based on interior sq. footage. It does decrease the amount of common element that is available to be shared. Does the change in the amount trigger the unanimous consent per the Act 3208(d)?