G.S. from Fairfield County writes:
Dear Mister Condo,
Condo has rule not allowing storage containers on balconies however previous board allowed tan basic containers for the last 7 years. Current board was fine with them the last 2 years and now is sending letters of violation to owners to remove the containers. We don’t know if the approval was recorded at a Board meeting. Has the Board “waived” the rule since it was not enforced the last 7 years?
Mister Condo replies:
G.S., your question is quite similar to yesterday’s quandary with regards to how long the Board has to enforce a rule. The answer is that unless you can find a specific minute meeting where the rule was overturned, the Board can begin enforcing the rule at its discretion. Storage containers on balconies are generally not allowed as they are considered an eyesore. However, more decorative containers that double as deck furniture may be allowed depending on the rules. The problem with allowing one type and not another is simple enforcement of the provision. Before you know it, a unit owner has the equivalent of a storage shed on the property and selectively enforcing the rule is problematic for the Board. It is easier to simply enforce the existing rule of no storage containers than it is to enforce a rule against certain allowed containers. You are free to question their ruling but as long as they are consistently applying the rule, my advice is to follow the rule. Good luck!