Condo Association Management Blog

Oh, my goodness. Use and attorney, PLEASE! If you want to count on being able to hold her to this down the road and to pay the expense it will take to bring the property back to sellable condition, don't ever skimp on fundsd now by not using an attorney only to have to wind up paying far more later in an emergency situation! Better safe than sorry, as my mama always said! 
 

A defendant who acts as his own attorney is a fool.

18 years! Anyway, use the attorney.

If she has had that wall up for 18 years, I am sure NO COURT will require her to remove it. She has probably "gained" that land and can claim it as her own because the fence has been there for longer than 7 to 10 years. I've lived in a lot of states and all have called it something along the lines of "adverse possession". Your neighbor could end up acquiring part of your property through adverse possession after 10 years if certain conditions are met. In the end, recognize that self-help is risky and unforgiving if you are wrong. I would hire an attorney to sort out these issues through the legal process. You should not have let this go on this long.  
 
I just looked up what adverse possession 'is'. Here's a link: 
<http://real-estate-law.freeadvice.com/real-estate-law/adverse_possession.htm>

One more thought: this IS a condominium association, right? The "beauty" of condos are that all owners only own property from 'stud to stud, door to door'. Now a town home community, typically, the owner owns the real estate outside their front and back doors from survey stake to stake, including the side land if it is an end unit. 
 
This may be your only 'saving' grace; however, you very well may have created a very unique situation and a judge just might let that wall stand since the community has been so ridiculously passive by letting that wall stay. If I were a judge, I know I would. I would also make the 'owner' pay the taxes on the property as far back as legally possible. 
 
I am not an attorney, but I am a real estate agent with strong opinions. :D

Sheri, 
 
In Florida I know of cases where doors, windows and walls have been there for well over 15 years, and the owners who didn't even construct them (others who purchased the property with the structures) have been ordered to remove them, even after the individuals filed laches, estoppel, waiver, and selective enforcement as defenses. 
 
Just because something was allowed to continue doesn't make it right, and if the Board is beginning to enforce the "taking back" of common elements throughout the entire community, they may do so in this case. However, if there are other similar instances, the Board and Association will need to enforce those as well. 
 
You would not believe how many times in Florida condo owners take over parts that don't belong to them. I have heard claims by the person who did this that are quite funny. Such as the Association should be happy because I'm taking over the maintenance of this area, no one else uses that part of the hallway so that's ok, I have to remove the drainage area (which was designed for the roof to drain into) and extend my patio out over that area and cover that whole area with a roof because when it rains I cannot enjoy my terrace, it's ok for me to plant these plants because it's right outside my door...and the list goes on and on.  
 
It is very important to have a proactive Board who deals with this matters expediently and makes it clear that the person bought into a condominium and if they did not agree with that they should have bought a house.

You should contact an attorney. As said above, it may be too late to do anything and if it isn't, then you need a good contract.

He who acts as his own attorney is a fool. Sure fits the situation you described.