Is your condominium’s right of approval enforceable?

Most condominium declarations contain a right of approval. In general terms, they typically state no sale, lease or other transfer of a unit is permitted without prior written approval of the Association.  But most declarations do not specify the grounds, if any, upon which denial is permitted.  Most are very open-ended; for example, “grounds for disapproval include but are not limited to the account being delinquent.”  Thus, what is the limit of the association’s authority to approve or disapprove, or ...

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Owners Have Rights: Even Valid Condominium Rules Are Not Always Enforceable

Mr. and Mrs. Thomas live in a two-story townhouse-style condominium. They asked their condominium association board of directors for permission to install several indirect ground lights to illuminate the area in front of their unit at night, including the walkway from the parking lot. Citing a condominium rule that prohibited owners from installing any items on common property, including “lights” and “other objects”, the board denied the request. Is the owner out of luck?

“Common property” includes the land that is ...

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