Building Precedents (and Lack Thereof)
“If it exists, it’s possible.”
–Unknown
“If it doesn’t [already] exist . . . it probably isn’t [possible].”
–Corollary, Ross Kaplan
I am handling not one but two deals at the moment involving Common Interest Communities (“CIC’s”), otherwise known as Condo or Townhome Associations.
In both deals, I am representing Buyers who want to know if they can make changes to their unit, post-closing.
The short answer: if someone else in the development has already done it, you probably can, too; if not, you’d guess that the Association rules prohibit it.
Case #1: Utility Closet
In the first deal, my client wants to secure a utility closet near the garage where the electric meter is located.
Their concern is that a savvy burglar could cut the home’s power, thereby disabling the home’s security system.
Perusing the complex, though, we couldn’t find any other units that had locks on their closets.
The conclusion(s): 1) the Association rules and/or utility company require unrestricted access; and/or 2) the complex’s location — a cul-de-sac in an upper bracket neighborhood — make the concern a non-issue.
It’s also the case that many security systems have battery back-ups (or can have them added).
Case #2: Rooftop Structure(s)
The second situation involved rooftop development rights at a downtown condo that my client is buying.
On the roof yesterday for the Inspection, we were struck by the terrific skyline views (not as exciting but just as important: the unit’s a/c appeared to be in good working order).
Notably missing?
Decks, enclosures or any other permanent structures on the roof.
My client hasn’t received the Condo Association doc’s (Articles, Bylaws, Financials, etc.) yet, but best guess is that the fine print prohibits such things.
