No Maintenance, Common Area Encroachment

Question:

I bought 1 of 4 condos inn.9/2023. Each owner is supposed to be a board member. The problem is, the president moved 1.2k miles away and moved her elderly folks in. The owners of 1 & 2 are in the same building. The property is shaped like a slice of pizza. 🍕 they have the crust 1/2 with grass and flowerbeds and lots of space. I’m 4 and I have the tip. I have no grass. I have a wooden deck off my slider. There has been no meetings no maintenance no upkeep and 1 & 2 have claimed all the prime common area as their own. Number 3 has a junk rusted 1970’s vehicle in the center spot of the carport. There were repairs called by my home inspector that have not been done yet!!! I call the president. She makes promises and the 3 other occupants think they own everything here. What do I do?

– Sandra

 

Answer:

Hi Sandra,

According to the Oregon Condominium Act Section 100.407(1), condo associations must hold at least one annual meeting each year. You may raise this with the president and urge them to call a meeting as it is the association’s fiduciary duty. You may raise your concerns at the meeting.

As for the common areas, you may review the community plat to verify which areas are considered common areas and which are individual property. Once verified, you may show this to your neighbors so they understand everyone has a right to use the common areas. Section 100.540(1) also specifies that unit owners may use the common elements for their intended purposes, but they cannot hinder or encroach upon the lawful rights of other unit owners. You may raise this with your neighbors.

As for maintenance, you may also raise this concern with the president and other board members as the association has a duty to maintain the common areas. The board usually has the authority to decide to hire vendors for upkeep. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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