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Can condo association tell me what I can and cant do with my land?

  
  
  
  
  

I live in a stand-alone condo that is part of a condo association.  I own my house and land but the association seems to think they have the right to tell me what and where I put things on my lawn. I have a custom wood swing set on the rear of my property that the association says must be within 16 ft of the rear of my house.  My property line is 54 ft from my house. Can they tell me I can't put this at the rear of my land

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Comments

Depends, you bought the place, don't you know what your Association say? Read them, they MAY have certain restrictions. 
 
We have a small local City near where I live and it has these same type restrictions. No Motor-homes, trucks or boats in the side or front of your property and such. Likewise, we have restrictions on trucks and motorcycles in our Condo.
Posted @ Saturday, October 08, 2011 7:41 AM by cebo
If "your land " is not common property and provided there is no other specific restriction in your governing documents concerning the limitations the association refers to, they might have some difficulty enforcing.  
 
But try all you can to reach a meeting of the minds.
Posted @ Saturday, October 08, 2011 7:45 AM by John C
In my experience, it is always a good idea to read the bylaws.Then present your ideas to them at a board meeting. 
 
Posted @ Saturday, October 08, 2011 7:59 AM by J. Morgan
Read your nbylaws. It is possible that your lawn area is defined as common property . I that case the association has every perogative to restrict yopurt use. Does the association maintai8n the lawn? That is do they mow it-if so that's another indicator that it is considered common property
Posted @ Saturday, October 08, 2011 8:12 AM by Charles Adler
I purchased my condo a little over a year ago and have not been able to get a copy of the by-laws from anyone. The board members do whatever they want to their units, but the rest of us have problems getting to do anything. Anyone kn ow what I can do? Also, is section 8 allowed when we pay dues?
Posted @ Saturday, October 08, 2011 8:53 AM by rose voyer
You need to read your CC&Rs. When you purchased your property a copy was suppose to be provided to you. Those documents will outline exactly what is allowed and what's not. Even if your lawn is not considered community property your CC&Rs may still impose restriction on its use.  
 
If rental of property is allowed in the association they may not restrict Section 8. that would be discriminatory under Fair Housing.
Posted @ Saturday, October 08, 2011 10:20 AM by Jeff Ross
Take a look at the architectural guidelines. If there is a set-back it should be noted in there. If not, then ask the Architectural Committee what restrictions they are going by in saying the swing set must be w/i 16' of the rear of your house. Usually there is a setback from the back of your property, but 38' seems a bit odd. The city/co in which you live may also have a set-back, but there again 38' would be very unusual; usually it's 10-15'. 
 
BTW, are you sure you are in a condo assn? Usually, in a condo assn, the assn owns the land the unit sits on. In a planned community the land is owned by the property owner. But regardless the assn has the authority to tell the property owner what they can or cannot do with their property.
Posted @ Saturday, October 08, 2011 11:46 AM by mary
I do agree with most statements concerning one's property. What I don't like is when you have a Pres. of an Association that installs a half-bath and doesn't get permits for the windows their relative installed for them. The Board can break the rules and those imposed by the State but they get really ugly when you do something that no one else has done. My friend made a comment on Surveillance camera viewing by board members. He got an ugly unkown sender letter telling him to UP His ...Up His more. He is so sick how old people behave and has his home for sale. This is what happens when you live in 55% associations and a bunch of UGLY OLD PEOPLE. Be thankful when all the bigots of these associations die and the younger old open-minded take over. 
 
Clearwater, Fl.
Posted @ Saturday, October 08, 2011 5:01 PM by Albert
I believe you need to not only look at the by-laws, and any CC&Rs, but the city ordinances & building codes too. Set backs are often designed to stop some one from doing exactly what you seek, placing a large permanent type item on or close to the property line as it effectively restricts what the adjacent properties can do close to their property line. It seems odd that you claim it to be your property. It may or may not be in fact, if you are part or an association. It may be an area associated with your condo without actually being yours. In your legal property descriptions, does it show a description of any actual land? (i.e. GPS coordinates or surveyor reference points specific to your unit / deed?  
 
 
 
Check your facts and good luck.
Posted @ Sunday, October 09, 2011 10:59 AM by John D.
Albert, 
 
 
 
It's sounds like you've had some bad experiences with board members. Errant board members come in all ages so be careful what you wish for. "Ugly" doesn't always equate to old!!
Posted @ Sunday, October 09, 2011 10:24 PM by mary
Rose--In what state are you l;ocated. What is the section 8 you referred to in your comment??
Posted @ Monday, October 10, 2011 9:30 AM by Scott
I really have a beef with realtors who don't tell prospective buyers that there are rules to live by in such communities. Then again, I can't imagine that people don't make sure what they are buying with their hard earned money. Both the realtor and lawyer should have suggested that you read the prospectus and bylaws before closing the deal. In any event, ignorance doesn't get us out of anything. If you moved in and there is a rule you are bound to it.
Posted @ Tuesday, October 11, 2011 10:15 AM by linda
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