Wrongful use of Common Elements- Condo Association

[kbakhaus]

Not sure if anyone can help me, but it’s worth a shot!
I am a mere layperson who joined this site, but I found it during research to help my parents in a condo battle dealing with my father’s childhood home in Lexington, Ky. The home was divided into 4 condos when my grandparents died, and my parents kept the largest unit. A survey was done, and each plat was filed simultaneously with the master deed and bylaws of the new condo association. However, in the master deed, the attorneys accidentally listed our square footage as the square footage of unit 1 and gave us their square footage. The owners of unit 1 are absolutely wretched individuals who clearly have nothing to do but bully the other unit owners. The square footage advantage gives them a tie breaking vote, which allows them to control the association (which was formed as a non-profit.) We are currently working with an attorney on a corrective deed due to a typographical error, but this process has taken shockingly long already... I will wait to ask questions regarding that issue and will start with this one:
The basement drawing in the plat stipulates that unit 1 has a dedicated space, and that 2,3, and 4 share the rest of the common area. However, the rest of the common area is completely FULL of the crap belonging to unit 1, including 3 sets of washers/dryers, and they ALSO have claimed the small space designated to them and locked it. The basement is unfinished. What is the best course of action to get them to adhere to the designations in the plat? Does it have to require civil action or is there another way to enforce? Thanks in advance!!!

 

[RCA]

1. What to do probably depends on your state law.
2. General rule is avoid any kind of common ownership unless you really trust the other parties - forever or are in a much more powerful position with respect to cash in the bank, access to attorneys and so on. [ A large condo development is one thing, a 2-4 unit something else.]
3. Their bullying may be nothing more than a strategy to get their way, with some ulterior goal in mind, such as forcing you to sell your ownership at a discounted price. Of course, maybe you can use the same strategy; but just haven't tried very hard.

 

[Terrel L. Shields]

Legal issue, not an appraisal issue...sorry.

 

[TMG]

General rule is avoid any kind of common ownership unless you really trust the other parties

And just when you find trustworthy parties...they leave, and someone untrustworthy moves in!

 

[RSW]

Not sure if anyone can help me, but it’s worth a shot!
I am a mere layperson who joined this site, but I found it during research to help my parents in a condo battle dealing with my father’s childhood home in Lexington, Ky. The home was divided into 4 condos when my grandparents died, and my parents kept the largest unit. A survey was done, and each plat was filed simultaneously with the master deed and bylaws of the new condo association. However, in the master deed, the attorneys accidentally listed our square footage as the square footage of unit 1 and gave us their square footage. The owners of unit 1 are absolutely wretched individuals who clearly have nothing to do but bully the other unit owners. The square footage advantage gives them a tie breaking vote, which allows them to control the association (which was formed as a non-profit.) We are currently working with an attorney on a corrective deed due to a typographical error, but this process has taken shockingly long already... I will wait to ask questions regarding that issue and will start with this one:
The basement drawing in the plat stipulates that unit 1 has a dedicated space, and that 2,3, and 4 share the rest of the common area. However, the rest of the common area is completely FULL of the crap belonging to unit 1, including 3 sets of washers/dryers, and they ALSO have claimed the small space designated to them and locked it. The basement is unfinished. What is the best course of action to get them to adhere to the designations in the plat? Does it have to require civil action or is there another way to enforce? Thanks in advance!!!View attachment 52444

You need to hire a good real estate attorney and ask them these questions. I don't think you will get many suggestions on this forum since it is a legal matter. Sorry to be so blunt.

 

[Russ Kitzberger]

It is a legal issue. You should talk to an attorney about what claims you have.

You may have a claim against the original attorney for errors and omissions, against the other parties for violating some duty they have to the association from law or statute, diminution of value to your unit, or some other claims. You might be able to file liens and such to hold up any proceedings, etc. All things you should discuss with an attorney.

An appraiser can help you with damage measurement due to errors and omissions or diminution of value, but the attorney would be the best to determine what claims you have.

Civil Courts are behind due to COVID, it is a national thing.

 

[ramrcdk]

Unless it impacts Market -> Example: no one or only a- Hitler
would want to buy a condo due to unequal rights to voting and such.
Socialism Condo' Building.
Sounds like a good Attorney, three against one, & Surveyor correcting the "typo'.
If you can prove "damages" due to the ABOVE thought, then perhaps some votes & Fair-Living rights may "swing your way".