Q: Can HOA remove unit owner's deck that was approved once from common element given it is NOT Limited Common Elenent?
I have just bought a unit in a condominium community and our courtyard is a Common space (non Limited). Some years ago one unit owner got a permission from the association to build a deck and it was approved on a condition that he would pay for it. The HOA was inexperienced and the deck created a lot of inconveniences for the rest. However, he never secured that space as a Limited for his exclusive use. Can HOA board decide to remove his deck and build something else instead due to the fact that HOA has architectural control in Common Space?
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A: You will need to have an in person consultation with an experienced litigation or real estate attorney, who will need to review the HOA by-laws in order to provide proper advice.
H. Scott Aalsberg agrees with this answer
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