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is it possible to purchase a common area in condo

Started by pxynt
over 18 years ago
Posts: 3
Member since: Jun 2007
Discussion about
A few months ago I moved into a older condo with a small 3' wide terrace which runs along the lenth of the apartment. The terrace is accessable only throgh my window but is considered common area and was not included in the condo. Does anyone know if it is possible to purchase this from the condo? Has anyone out there ever tried to purchase a similar common area accessable only from their apt?
Response by anonymous
over 18 years ago
Posts: 107
Member since: Nov 2005

why would you want to purchase it? The space is likely a limited common element for your exclusive use, which is essentially ownership. Often it's just a question of responsibility for maintenance

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Response by pxynt
over 18 years ago
Posts: 3
Member since: Jun 2007

I would like to add a door to the terrace which would require board approval. Right now I have a small table and plants out there. I would imagine that I would need to own it to add a door and that if i ask they might suddenly realize I have things out there and make me remove them. Right now no one really cares or pays attention but once I bring it up....

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Response by anonymous
over 18 years ago
Posts: 2841
Member since: Feb 2007

If it is common area can anyone else access it?

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Response by anonymous
over 18 years ago
Posts: 12
Member since: Jun 2007

You have a common area that only you have access to, it is 'free' and you don't have to pay for the maintenance. You want to buy it, pay for the maintenance yourself and pay to add a door so you can access it easily? If this was me, I will be so happhy with the 'free ride' and use the window to get to the terrace. How often can you use the terrace a year anyway - only a for few months when the weather is warm .... you should be enjoying it and let it be!

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Response by anonymous
over 18 years ago
Posts: 12
Member since: Feb 2007

No one else can access it. Adding a door would add to the whole feel of the apartment. I was only wondering if anyone had gone through a similar experience. Even if not exercised, its nice to know one has options.

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Response by anonymous
over 18 years ago
Posts: 12
Member since: Feb 2007

Not to mention that then it would be "mine" and no one could stop me from using if suddenly they decided to. Right now they could also suddenly decide to use it as a storage area if there are ever roof, brick repairs, etc. not sure if the rules are different for a condo but in a coop if you have a set back terrace the building can take it over when they are doing repairs, sometimes for years. Sort of like an eminant domain thing. This may apply to a condo as well,not sure.

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Response by anonymous
over 18 years ago
Posts: 12397
Member since: Feb 2007

"Limited common element" is a legal convenience whereby something (usually a setback terrace) is intended to be for the exclusive use of a particular owner, but the actual ownership is retained by the association in order to allow them to control undesirable uses and alterations, and for the practicality of making repairs, etc.

Are you sure your offering plan doesn't give use of that setback terrace to you exclusively? Are you sure they wouldn't approve your putting a door where the window is?

By the way, logistically speaking, how do you think a condo would deal with building repairs in a way that would differ from a coop? Would they just allow the building to flood and crumble because you can't yield use of your terrace for repairs? Not likely. I don't think Judge Judy would side with you on that one.

To answer your question more narrowly, I believe that condos typically can't sell common space, but instead will enter into 100-year leases or something like that, allowing you exclusive use. There's some legal reason that differs from coops -- probably because you'd simply buy more shares from the coop, but in a condo it's all about percentage of ownership of the common elements.

Ask a lawyer, of course.

[Now I will remember to check the annoying new "anonymous" box.]

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Response by anonymous
over 18 years ago
Posts: 12
Member since: Feb 2007

Wow- thanks for the response. Googled "limited common element" and I would need a lawyer just to understand it. Guess I'll ask about the door one day and hope they don't say no and tell me to take everything off the terrace. Also..I read about a coop owner whos balcony was taken over for 2 years. He had no legal remedy. Was just wondering if there would be more of a right in a condo. Of course they have to make repairs just as they would have to come into your apartment if there was a leak, etc. That one case just sounded like a nightmare. (he had to continue paying the full maintanence too).

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