We have situation where an individual homeowner built a wall enclosing common area to allow herself private access from her commercial unit to the restroom for the commercial unit. This wall goes through a garage area. There has been discussion for almost three years regarding whether she needs to remove the wall and restore the area. The condo association has spent several thousand dollars on this already. A tentative agreement has been reached to allow her to leave the wall up and pay an 'agreed upon fine' each month with the understanding that the area will be restored before it can be placed for sale in the future.
I stated that the attorney for the condo association should draw up the contract at the homeowners expense for two reasons: 1. The association has already spent a great deal in attorney fees already, and 2. She has had free use of this space for over 18 years already (since she first constructed the wall). Three of the board members feel they should be able to draw up the contract themselves - to save the association and/or the homeowner money. I am opposed to anyone drawing up a legal contract except an attorney who is looking out for the condo association. I believe this may lead to consequences in the future and could be considered a breach of fiduciary responsibility. Any opinions
