Condo Board Allows Unit Owner to Custom Landscape

J.B. from outside of Connecticut writes:

Dear Mister Condo,

One of our residents asked for permission to build a berm of trees and shrubs behind his home to help block noise. I say that is a common area and that the entire community should vote on this. The board granted permission. Are they correct in so doing?

Mister Condo replies:

J.B., unless your documents specifically limit the Board’s authority on its management of the common grounds, the Board was likely within its right to grant the permission. If your documents do not allow for the Board to do what they did, then you are right. However, in my experience, the Board is very likely empowered to make this type of decision. Without seeing your condo documents, I’m afraid I can’t offer more of an opinion than that. Take a look at the documents. If you think the Board has overstepped their authority, call them on it. Other than that, the Board was elected by the owners to handle the business of the association. Sounds to me like they did just that. All the best!

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