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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have owned my condo townhouse for 26 years. I was given

Customer Question

I have owned my condo townhouse for 26 years. I was given permission 24 years ago from the board of directors to extend/enlarge my limited common patio onto common property with wordings "for any future sales", nor was there any stipulation by the board that it would only be for a certain amount of time or I would never have proceeded with the expense. This indicates permanency.

I received a letter from the Condominium Management rep. that the patio can stay while I an the owner of the unit. However, at the time of sale of my unit the whole patio must be torn up and lay a new one (as it all was raised 1 1/2" back to it's original size and that it would be noted in the resale certificate for any potential buyer. She also requested a copy of the approval letter I said I had at the last board meeting when mentioned by the president.

As I had to go on disability Soc. Sec. 7 years ago, I got a reverse mortgage then also for which I cannot have a lean on my property. The balance owing is more than my unit is worth so I will never have any equity nor the money to pay for which they request. It's bad enough that I had to take $57,000 out of retirement savings to pay for a special assessment in mid-2012.

My feeling is that in a future sale (In my case back to the government) the common property area is theirs and they are responsible to pay for any changes.

Too long to explain, but most if not all, is harassment.

Please tell be what my rights are. I believe I am "grandfathered" and need a legal letter sent to them that they are in the wrong.
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 4 years ago.

Before I answer your question, I must advise you that no one at can issue a letter on your behalf (on an attorney's letterhead), because to do so violates the website rules prohibiting legal representation.

I can thoroughly address your legal question, and I can direct you to resources where you may be able to obtain a lawyer at little or no cost to write your letter. I can draft a sample letter that you can send.

But, I cannot write the letter and send it as if I were your lawyer.

If you would like me to go forward and answer the question, please let me know. If you would prefer to receive a refund for your deposit, let me know that, and I will inform customer service.

Thanks in advance.