[SirWilliam]

I live in a condominium complex consisting of 64 units. 34 of these units are housed in a 3 story building. Currently over 80% of monies being spent are spent on the upkeep of the interior of this building. Only the residents of the units in this building have access to the building and there is no reason for other residents in our complex to have access to the building. I believe this building at the least should be considered a limited common element and should be supported only by the residents of the units in the building. All the condo complex residents support this building with the application of their condo fee's. Elevator maintenance & repair, heating and cooling of the building, individual garbage collection, maintenance of fire alarm system etc... We, the other residents can understand that our fee's can and should used for the common areas, outside of the building and surronding general common elements. Right now, we are facing the replacement of the elevator in that building ($200,000. And we must bring the fire alarms system up to Fire Dept standards, ($25,000. To $30,000) It is our feeling that the residents of the 3 story (low rise) building should bear all the costs and be assessed for any improvements or costs associated with the interior of the building. Our Assoc. president and property manager, will not address this problem and dismiss any questions or inquires concerning our concerns. There is nothing specific in our bylaws addressing this particular the building or the situation as I have described it. Can anyone tell me of a precedent for this situation and if this situtation is in fact a limited common element. Also what we the other condo unit owners do about this.

[LisaB4657]

Whoever drafted the original master deed and bylaws for your condo did a pretty lousy job. The interior of that building should have been deemed limited common elements.

Do the unit owners in the building pay a higher monthly maintenance fee than the unit owners outside the building? If not then you have a pretty bad situation. Unfortunately the only way to address this is to amend the master deed, bylaws and budget. You have to look at the bylaws to see the requirements for this type of amendment. It will probably require a vote of at least 66% of the unit owners. Since more than half of the unit owners live in that building and they will probably not be willing to vote in favor of an amendment that increases their maintenance fees, it is unlikely that you'll get an amendment passed.

The only other option I can see is filing suit against the association. But then you'll be paying for your own attorney and you'll also be paying for the association's attorney (through a special assessment).

Sorry but I don't see any other options. Maybe someone else will come up with another idea that might work.

[SirWilliam]

Thank you for your reply... I have not checked the original master deed.. the bylaws are vague in this area... the people in that building pay less than anyone in the association.. fees are based on condo square footage... another bone of contention... We will be consulting the former lawyer for the association to see what his views are on this situation... again Thank you for your reply and assistance...

[LisaB4657]

If the former lawyer for the association is the one who drafted the original master deed and bylaws then don't even waste your time speaking to him.

Good luck!

[SirWilliam]

Thanks.. it is my understanding he did not do the original master.. we will work on it..