Architectural Compliance Board Buying Condominium Governance Legal

Previous Condo Unit Owner Had No Right to Modify Attic

S.S. from outside of Connecticut writes:

Dear Mister Condo,

I bought my condo in February of 2015. On the mezzanine floor, the previous owner had extended in to the attic a sort of storage room. Basically, there is a door and it leads in to the roof attic for extra storage. I now received a registered letter to close up this area as per it being part of the common ground and is not entitled to me. What’s more is that I was never told by the inspector, the agent, nor the previous owner that it did not belong to me. This extra storage room made my decision for actually purchasing this unit. What can I do? Can I ask the board committee to keep this extra room or am I to close it up? Can I sue the previous owner, agent or/and inspector for not disclosing this room to me?

Mister Condo replies:

S.S., I am sorry for your predicament. The foul was created by the previous owner who had no business commandeering common space and modifying the unit without Board approval. You can certainly petition the Board to allow the modification but I don’t see why they should do so. If they allow it for your unit, they open themselves up to allowing similar modifications throughout the complex. You should comply with their request to return the unit to the condition before the modification was made. As for lawsuits, etc., I am not an attorney and I offer no legal advice here. You should speak with a locally qualified attorney to see if you have a case against the previous unit owner. My guess is that you might have a case but I am not sure how you could prove any damages to yourself that would be worth pursuing. All the best!

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