Question:
Our townhouses have recessed decks that provide privacy and view. They are limited common areas. While most of them are about 8 feet apart, a few of them are only 1 foot apart ; which is the case of ours. Can the board allow our neighbor to expand their deck? This would alter our privacy and view. We have lived here 20 years.
– Patrick
Answer:
Hi Patrick,
In Indiana, limited common areas, such as recessed decks, are typically designated for the exclusive use of specific units but remain under the association’s jurisdiction. The authority to approve modifications to these areas, like deck expansions, generally resides with the HOA board.
However, such approvals must align with the association’s governing documents, including the architectural guidelines within CC&Rs. If a proposed deck expansion by your neighbor threatens your privacy or view, you can raise your concerns during HOA meetings or through formal communication channels.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
