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Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I reside in a townhouse community that is registered as a

Customer Question

I reside in a townhouse community that is registered as a condominium. On the plats for our community is shown a large open area near my home that is listed as open recreation area. This area also has underground it a storm water runoff pond that was filled in with stone and then dirt on top and sod. There are 7 small manhole covers providing access to the underground runoff for cleaning periodically. There has never been a playground or tot lot built in the community.
The new Board says they can install a large fenced in playground at this area and there is nothing any of the immediately bordering homeowners can do about it if they have 2/3 affirmative vote of the entire community.
My contention is this is designated as an open area and the 8 homes at this end were purchased by individuals who would not have bought these units if there was an actual playground out our front doors. And because there is nothing in the plats showing this as a playground and the Board does not have 100% approval from the immediately affected homes it cannot be built as a playground.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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.

Depending on exactly what the condo docs say, you may be correct. If the condo docs state that they would need the approval of 2/3 of the entire community, and they get that, then they will be able to move forward. However, if the condo docs state that they would need the approval of the homeowners it directly affects, then they will not be able to move forward without their approval.

It also depends what percentage of the entire community those homes make because if none of them approve the plans, they may make up more than 1/3 of the community and can negate what the remainder of the community wants.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.