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Are the balconies on condos considered limited common areas…

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Are the balconies on condos...
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: 2 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
2/17/2016
Real Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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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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Real Estate Lawyer: Ely, Counselor at Law replied 2 years 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!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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