Legal Question in Real Estate Law in Washington
condo unit wants to expand their Deck into Common area. What am I losing?
One of units in my Condo wants to
extend the length of their deck by
claiming some of the Common Area
next to their unit (which is currently
just small plants in the back of the
building) and having it re-classed as
Limited Common Area.
This would obviously increase the
value of their home.
By letting them claim this Common
Area as their Limited Common Area,
what am I giving up?
Will I be damaging the value of my
own property?
Will my property taxes be lowered?
Have people in similar situations
regretted giving away common
areas? It doesn't seem to benefit
anyone but them. Property in my
city (Seattle) doesn't come cheap. I
feel like I'm just handing them
money.
If I don't give my consent (the 5
other units in my building did), can
they bypass me and legally claim
that land? Does consent in these
cases have to be written & signed?
The owners in question have been in
the building for over 10 years, yet
this move seems a little
underhanded. It feels like some sort
of landgrab (and I had just learned
about their intent at last night's
condo meeting). They also revealed
that their landscaper is already
coming in 2 weeks to start the work!
Any advice?
1 Answer from Attorneys
Re: condo unit wants to expand their Deck into Common area. What am I losing?
Start by reviewing the statutes on HOAs and your associations by-laws and articles. The association owns the common areas for the benefit of all members.
If the proposed change doesn't affect you , e.g. does not block your light, or interfere with your access, then all you are doing by approving this is accommodating a neighbor. It doesn't sound like the sort of thing that impacts your taxable value one way or the other, really.
The Statute of Frauds as codified in WA requires that transfers of interest in land be in writing and acknowledged (notarized) in order to be effective. Also, someone needs to review this and make sure that the excise tax on the transfer is properly dealt with.
Otherwise the transfer will not be effective. The transfer will likely not drop your taxes, but could increase your neighbor's tax basis.
Does the HOA have an attorney advising them?
Just the stuff to think about. I don't know nearly enough to offer you much more than caution. Hope this helps. Elizabeth Powell
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