Ilyce Glink and Samuel J. Tamkin
Q: Our condominium association was built about 50 years ago. Our development consists of six separate buildings. Each building is its own condominium plus one master association that governs all of the buildings.
Buildings 3, 4, 5 and 6 have allowed their owners to enlarge their patios. These patio enlargements go into the common area. Buildings 1 and 2 have not allowed any patio enlargements.
We think this is incredibly unfair. We live in one of the buildings that does not allow the enlargement of our patios. What can we do? We want to enlarge our patio. Can we force our association to allow us to enlarge our patio? If we can’t, can we force those owners encroaching into the common areas to tear up their oversized patios?
A: You are in an interesting position, but it’s not unique. It’s interesting because you have six buildings that are identical, but each of these buildings appears to be totally independent in terms…