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Does condo owner pay extra fees using common hallway as part of combined units for personal use?
Wiki User
∙ 13y ago
Apparently, you own two adjoining units where a common hallway is available between at least two entry points in the property.
To simply charge you extra fees based on your multiple-unit ownership status, without an explanation, doesn't sound right.
Read your governing documents to determine the current designation of the hallway: common area, limited common area, or included within your units' boundaries. Fees are charged according to those definitions.
Classically, hallways are defined as common area that belongs to all owners and are maintained by assessment dollars paid by all owners.
The use and maintenance of this area would be clear if your board and the association's attorney adjusted the boundaries of your ownership, to include the hallway. Then, you would be given exclusive use of it and be responsible for its upkeep and maintenance. (Like your entry hallways inside your units.)
If, however, others use the hallway, too, then, unless there is some extraordinary use that you precipitate on the space, there would be no reason for you to pay an extra fee.
(If you regularly roll 10-ton safes between your units, or if you carry landscaping soil between units, for example. If you cause extraordinary use, and the board can prove that your use requires more frequent replacement of the carpet, damage to the walls, or such, they may be able to charge you for that.)
Finally, if you use the hallway exclusively, and it is not defined as a boundary adjustment addition to your ownership, the hallway could be recategorized as 'limited common area', and the responsibility for maintaining it would be in line with other limited common areas on the property.
This is a decision that you and your board and your association's attorney must come to before you are charged extra fees for using what may be designated as a common area.
Wiki User
∙ 13y ago
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IF my upstairs condo is untouched by a flood but the building's ground floor is damaged so badly that the entire building is unlivable would my flood insurance protect me?
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