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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
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Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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can the owners of each floor control the decor of their corridor

Resolved Question:

can the owners of each floor control the decor of their corridor in a multi story mixed use michigan condominium or do all owners of the building dictate all of the floors?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service.

 

 

Thank you for your question, The key phrase here is "Common Areas", and because they are common areas, they can be used by owners whose unit is on a different floor. The only way that the owners can collectively decide on the décor of the common areas is if the By-Laws permit this. To be honest, normally it is the Officers and the Board of Directors who are authorized to vote on the colors and décor because they are charged with the responsibility of maintaining uniformity of all the common areas. So, I would suggest that you and the other owners review the By-Laws to see if the owners can collectively have a say in the decor of the common areas,

 

 

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Customer: replied 1 year ago.
are you saying that commercial owners on the first floor can dictate the colors (or art and furniture) placed on residential second floor ? if the answer is "yes" ...
what would need to be done to modify the docs that allow each floor to control their respective floors?
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Ray, Thank you for your follow up question and the opportunity to explain further,

 

Please allow me to clarify. I apologize for any miscommunication on my part because I did not say that any owners could change the décor or the colors on floors occupied by others. To clarify, I stated that the common areas are used by all owners, not just the owners of the units of any particular floor. The By-Laws would dictate who has the authority to control the décor of the common areas and in my experience, the authority to control and dictate the décor has always been within the authority of the Officers and the Board of Directors because they are charged with the duty of maintaining uniformity of all the common areas. If the owners of any particular floor were to have authority over the décor, there would be no uniformity in the common areas. Rather, the décor would reflect the preferences of the unit owners of each particular floor, if they had the authority to choose the décor. So, what I am suggesting is that the By-Laws be reviewed, looking for some type of authority, if any, given to the unit owners to select the décor for their respective floors,

 

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Customer: replied 1 year ago.
Hi Andrea;
our condo owners usually take the elevator to their own respective floor and rarely walk thru the other floors which is why i was hoping that each floor could dictate the decor of their individual corridor. we have owners on one floor that have totally different tastes than the owners on another floor and they feel they should have the right to decorate the way that the majority (on that floor) want.
so the question remains..."can we modify the docs to allow each floor to control the decor of their floor"..(?)
Expert:  Andrea, Esq. replied 1 year ago.

Hi, again, Ray,

 

I agree with you. If I were an owner, I would prefer that the floor on which my unit was located, reflected my taste, rather than that of the Officers and Board of Directors and that is why my belief is that the unit owners should have he right to select their color scheme and décor. The By-Laws will identify who hold this authority and it will most likely be held by the Officers and Directors. If that is the case, then review the By-Laws for the specific requirements for amending the By-Laws and follow the steps outlined. If no requirements are speciied, then you can call a Special Meeting for voting on this. The requirements for a Special Meeting are usually pretty uniform among condominiums,

 

1. Notice of Special Meeting must be given to all unit owners;

2. Notice must state the date, time, and location where Special Meeting will be held;

3. Notice must state the reason for theSpecial Meeing;

4. Notice must include the agenda - Here, it would be "To amend Section xyz of the By-Laws". Only the matters on the Agenda can be discussed at a Special Meeting;

5. Notice must contain the wording which will amend the By-Laws, and which will be voted on;

 

Check your By-Laws to determine the number of votes necessary to Amend theBy-Laws. Try to get as many owners as possible to attend and vote so that you can amend your By-Laws to allow the owners to express their tastes and preferences in decorating their respective areas.

 

I wish you the best of Luck,

 

_________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11812
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Andrea, Esq.
Andrea, Esq.
Real Estate Lawyer
11812 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.