On Monday, June 26, 2017 at 3:38:46 PM UTC-4, wrote:
On Monday, June 26, 2017 at 11:35:39 AM UTC-5, trader_4 wrote:
How many patios are oversized, by how
much and does the board have any idea how they got to be that way?

Of the roughly 125 units having patios, five of the patios are oversized by about 50% to 75%. E.g. The Plat specifies 7 feet x 20 feet for one patio.. The actual dimensions are about 12 feet x 20 feet.

My next-door neighbor has one of these enlarged patios. He told me some time ago that the developer made a deal with him, re the oversized patio, back in 2000 when the complex became a condo. I think that was probably the case for all five of the oversized patios, from the physical appearance of the fences. If the owners can provide some proof, then the law is on their side for adverse possession. Which solves all the legal problems "except" for completing paperwork. This is because the Declaration allows the Board to approve encroachments onto the common area such as those here. Most likely I will recommend that the "fair and reasonable" thing to do is to approve all five of these patios and have the owners sign waivers of liability, stating the owner takes the maintenance and liability responsibility for the enlarged patio. Both the Declaration and Plat are on file with the county. The two documents work together. I am not sure if the Plat has to be amended..

Of course there are some back-bitings and vendettas going on. I am on the side of the law and gov docs. The bad guys on the board are after one owner in particular. On this one, I expect the bad guys will lose badly. It is hard to believe that _Peyton Place_ was written before the homeowners' association was invented.

I think it's common for the condo legal documents to say that the developer can do as they please when selling units, so if that's how it came to be, it makes sense. Another approach would be, if larger patios are OK with the board, to allow everyone that wants a larger one to be permitted to make one. That might be the fairest and least controversial solution.