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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101935
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Are the balconies on condos considered limited common areas

Customer Question

Are the balconies on condos considered limited common areas if we just had assessments on the balconies for complete restorations? And if so can the HOA enforce the balconies to be smoke free if the rest of the condo is a smoke free building?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is not a statutory law. Whether or not property is considered common area depends on the deeds and founding documents of the property itself and the HOA. You can request these documents from the HOA and they will have to provide a copy and one can ascertain from this whether or not the balconies are considered common areas.

However, counter to presumption, they often ARE common areas. The HOA often has balconies as common areas because (a) safety may be an issue for maintenance and if so, the HOA wants to maintain it, (b) for reasons of keeping the properties nice in general by maintenance, and (c) specifically for purpose of enforcing bylaws that may limit smoking or noise on the balcony.

Ergo, if the balcony is common area, then the HOA may indeed enforce its no-smoking ban on it, because the HOA controls common areas.

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Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!