More Hot Tub Worries

D.D. from New Haven County writes:

Dear Mister Condo,

A new condo owner has asked to be allowed to install a hot tub on his deck. Our declaration does not address hot tubs. It is a fact according to our documents that all decks are common property.

Mister Condo replies:

D.D., you’ve made my job easy as you’ve, more or less, answered your own question. If the decks are specifically listed as common property then no owner has the right to alter that common element without the approval of the Board. As long as the Board doesn’t give permission to the unit owner, they are prohibited from installing the hot tub. Of course, that doesn’t mean they won’t try. But, if they do install the hot tub, the Board would have full authority to have the owner remove the tub and make reparations for any damage done to the deck. Best wishes!

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