Questionable Deck Listed in Plat and Plan of Condo Conversion

S.C. from New Haven County writes:

Dear Mister Condo,

I bought my condo 10 years ago with an attached deck. The unit was new, since it was a conversion of a townhouse into a condo. In the description of the unit, and in the plat and plan, the deck is shown in my unit. It comes out that the previous owner of the town house built the deck without permission. My question is the deck still illegal even if is reported in the plat and plan of the condo conversion? Thanks!

Mister Condo replies:

S.C., I love a good challenge. I have to say I was challenged by your question as it is the first plat question I have ever received. Even though I am not an attorney, I know quite a few who practice in this area of law. Here is what one of my attorney friends had to say:

“The answer will depend on what the governing documents say and possibly the details of the “illegal” construction.  Sometimes the declaration will say that the written definition of which parts of the property are owned by whom will trump the maps and plans.  You should talk to the lawyer who handled your closing about whether the prior owner may have some responsibility to you, or a condominium lawyer about whether the association can take action against you now.”

That sounds about right to me. It isn’t that you’ve done anything wrong here, S.C.. It just sounds like you will need some legal guidance to get this unpleasantness behind you. Good luck!