Condo Common Area Dispute

Summary

No partition of common areas means common areas in a condo cannot be divided among unit owners. If a resident is taking control of a common area, it may violate condo rules. The board should ensure compliance with the condo declaration and bylaws. Residents can plant in mulched beds but should not interfere with landscaping services. To address issues, review the condo declaration, document interference, and formally present concerns to the board. If unresolved, escalate by following the condo associations complaint process. Consider support from other residents and request a board meeting.

Full Conversation

what does "no partition of common areas" mean in a condo declaration in ohio?
"No partition of common areas" in a condo declaration means that the common areas of the condominium cannot be divided or separated among individual unit owners. These areas are collectively owned by all unit owners and must remain shared.
Is there a specific issue or concern you have with this clause?
would this apply to the board allowing on resident to take over the whole front area where there's flower/plants? and to allow her to keep landscapers from doing their job...putting down fresh mulch
It sounds like you have a concern about a resident taking exclusive control of a common area in your condominium. Here are some general points you might find useful:
- Common areas in a condominium are shared and cannot be exclusively claimed by one resident.
- The board’s actions should be in compliance with the condo declaration and bylaws.
- Preventing landscapers from maintaining common areas might be against the rules.
Is your condo board aware of this situation?
yes, they're aware. they let her do it. we have a section that says residents may plant in "mulched beds", but it doesn't specifiy if it's beds they have to create or the one that's already part of the landscaping from day one. i would think, just because this resident can "plant" doesn't mean she can interfere with a contracted service of the landscaping company, correct?
Yes, you're correct. Even if residents are allowed to plant in "mulched beds," it does not mean they can interfere with contracted landscaping services. The board should ensure that the resident's actions do not disrupt the landscapers' work and maintain the common areas according to the condo declaration and bylaws.
Would you like assistance on how to address this issue with your condo board?
yes, please.
Case Rating: *
To address this issue with your condo board, you might consider the following steps:
- Review the condo declaration and bylaws to identify specific rules about common areas and landscaping.
- Document the interference and any impact it has on the maintenance of common areas.
- Present your concerns formally to the board, referencing the condo declaration and bylaws.
Have you already tried discussing this directly with the condo board?
yes. they did sent the landscapers back to "put down mulch" but they only did it around the two trees in front of the building and put a little bit on the corner sections of the area. now there's this big section in the middle that has the ugly faded mulch.
Case Rating: *
It sounds like there is a disagreement on the maintenance of the common areas and the board's enforcement of the rules.
To move forward, you might:
- Request a meeting with the board to discuss the issue further.
- Consider getting support from other residents who share your concerns.
- Review any possible remedies in the condo declaration for board non-compliance.
Would you like information on how to formally escalate this issue within your condo association?
yes
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To formally escalate the issue within your condo association, consider these steps:
- Review the condo association's formal complaint process in the bylaws.
- Submit a written complaint to the board detailing the issue and any previous attempts to resolve it.
- Request a hearing or meeting with the board to address your concerns.
Would you like any additional information on this process?
no not right now. i think i will send the board an email laying out what our docs say, what the landscaping contract says, and see what they say after that.
Case Rating: *
That sounds like a reasonable approach. If you need any further assistance or clarification in the future, feel free to reach out. Good luck!
thanks.
Case Rating: *
It looks like you have a clear understanding of the situation and the steps to take next. If you need any further assistance or have any other legal questions in the future, feel free to ask. Good luck with your condo board!