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By stephen polinsky • November 22, 2014

Land jurisdiction between Master and Condo Associations up for debate

condo association land jurisdiction up for debate 112214 resized 600

I have a question about a 12 unit Nebraska condo association. At the annual meeting, a board member claimed jurisdiction and made a complaint about placement of some personal property outside the condominium. These were various garden tools and pots, stashed out of sight behind hedges. I also have a small antenna placed discretely in the back behind some bushes.

It turns out that the developer placed our building on a plot too small for the building, and in fact the place where I put these items lies outside the property line of the condo association. They sit on the property of a theoretical Master Association (another dysfunction caused by the developer and persons unknown decades ago…had written about this quagmire in the past).

It turns out that for years people believed our condo association owned the land around our condo unit, installing sprinklers and taking care of the maintenance. However, the deeds and property maps clearly show that the land along 3 sides of the building belong to the Master Association.

Here are my questions. Does the condo association Board of Directors have jurisdiction over these alleged encroachments? I will add that other condo unit owners have antennas on these no-man lands and the condo board members actually have taken control over small parcels of the actual condo property for gardening. I will also add that I’ve removed the items immediately after receiving a complaint, except for the antenna. It’s out-of-sight, and on the master condo association property, which does allow antennas.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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