A Little Less “Love, Love” at the Condo

S.C. from Fairfield County writes:

Dear Mister Condo,

I am on the board and we are considering getting rid of one tennis court. What steps do we need to follow? Do we need to get approval from a majority of the owners?

Mister Condo replies:

S.C., as a tennis enthusiast I am sorry to learn there will be one less court in the state. That being said, tennis courts can be quite expensive to maintain and insure so I am guessing there just aren’t enough tennis court users in your association to merit the ongoing expense. I wasn’t exactly certain of the steps needed so I checked with an attorney who practices community association law in our state. Here’s what the attorney had to say:

If “get rid of” means converting this common element to another use, then the board can make this decision at a properly-noticed regular or special board meeting at which unit owners have the right to be heard on the subject but not to vote.  Except to the extent your declaration or bylaws say otherwise, the board has exclusive control over how the common elements are used.

Looks like your association may be enjoying a little less “love, love” if the Board decides to remove a court. At least now you know what steps need to be taken for them to do so. Good luck!