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By CondoAssociation.com • July 29, 2019

Condo association owner files for dispute resolution

I live in a CID where all the property is owned by the Association. The only structure a Member owns is their Separate Interest which is everything inside the walls and ceiling to cement floor. The former President of the Board decided he would enclose the swales under the front balcony. The Board approved as a Storage room and required him to get permits. That was 12 years. One year ago it was discovered he was running an Airbnb out of his house and actually built a rental apartment from the approved storage room. He punched a hole into the structure wall and attached the room to his structure. None of this was approved or permitted. Fast forward a year and the Board has given him permission to return the room to the originally approved storage room. I have contested this room for the last 14 months and the Board has ignored me. The swales are not listed as exclusive use common area in your CCRs or Master Plan yet they contend they are. The room is still not permitted. The Member who built the room has never paid property taxes on it as it was never permitted and still isn't. What can I do to get this room removed and the swale restored. I look at this as outright theft of Association property. The owner has permitted the room as a 1 bedroom 1 bath room addition without any approval from the Board. They have attached it to their separate interest.  This owner has now filed an ADR (Alternative Dispute Resolution) to challenge the Indemnity Agreement he signed which only allowed a storage room. He is claiming it was changed after he signed it. The Board decided to form a Committee to handle and voted to exclude me. The people who were allowed on the Committee were two of his friends and two Directors who originally approved the storage room. They are refusing to tell me the outcome of the ADR claiming the Attorney told them not to speak about it as it is still being negotiated. I believe they are lying to me, The ADR is a month old, a decision has been made. They either lost the ADR or are simply continuing their vindictive games against me. Can they keep the decision of the ADR from me.   San Diego, California.

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