Amended Condo Deed Trumps Board’s Forgetfulness

K.F. from New Jersey writes:

Dear Mister Condo,

I’m a New Jersey Real Estate salesperson representing a seller of a Penthouse unit in a 5 story walk up in a 6-unit Condo. When my client purchased her unit in 2009 she was also given an amended deed that included the exclusive right to build an approved deck on the roof. The board met last week and in their Minutes decided to retain the roof rights (now that my client wants to sell). They don’t seem to be aware/remember that the roof rights were gifted and deeded and has been filed with the city/county. What rights do they have to take back roof rights if any at all?

Mister Condo replies:

K.F., Boards have no more rights than you or I when it comes to taking back anything that has been filed on a deed. In fact, this is a classic example of where an attorney can likely solve this for you with a few letters or phone calls showing the deed. The Board’s “memory” of the event is irrelevant, regardless of what they have put in their Minutes. If they take action against your client, the attorney will simply counter with the Deed. One caveat: is there any stipulation on the deed that would indicate that the approved deck had to be installed by a certain date? If that date has come and gone then your client is out of luck. Other than that, this sounds like a fairly simple case to me but I am not an attorney. Have your client speak with an attorney who specializes in real estate, get a legal opinion, and good luck selling this Penthouse condo unit. It sounds gorgeous!

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