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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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I live in a condo and on our property we have a building

Customer Question

I live in a condo and on our property we have a building which has been used for
resident storage (paid monthly) for twenty-five years. It was originally built to store
construction equipment while they were building the units. A few months ago the hoa
requested a meeting of owners and discussed that they were going to give the
residents thirty days to remove their storage so they could rent out the building to
a business. It was a very heated discussion after which the board took a vote and
decided to leave the building as storage for the time being but bring up renting it
in the future. Now we have found out they have been in negotiations for awhile and
are about to have the residents vacate the building. Is this legal? Although technically
it probably belongs to the hoa doesn't the fact that for twenty-five years it has been
a storage building and the fact that it was voted down once have anything to do with
it. Why don't the owners have a say?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If this is HOA owned property, then it is the Board who generally has the authority granted to them through the Bylaws to determine how it is managed and whether it is made available for resident's use or whether it is better to rent it out commercially to generate more revenue for the HOA.

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So unfortunately, the fact that it had been used for a long time for one use wouldn't mean that the governing Board couldn't decide to change the use of it as long as they have the authority to do so granted to them by the Bylaws.

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If a majority of the owners didn't like the way the HOA was managing the property, they could call for a vote to remove the Board and then have new elections to put in a Board that would have views that coincide with the majority of owners.

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I am very sorry that I don’t have better news, but please understand that I don't have "any dogs in the fight" here but I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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