Can I build a patio cover on a terrace owned by the HOA?
in Real Estate ·
Here’s the situation..
We own an apartment that includes a patio area. Technically, this patio isn't listed individually on our deed; it's considered common area belonging to all the residents in the building.
Most units in our complex are designed with their own little yard or an extended patio space. Ours is about 215 square feet.
Since we're on the ground floor and have neighbors living directly above us, we want to install a polycarbonate awning. Our main goal is privacy so the people upstairs aren't looking right down at us, but more importantly, it's a safety issue. Things frequently fall from windows above, and since we have a small child, we can't take any risks.
We checked with our immediate neighbors, and nobody has an issue with us putting up an awning. In fact, most of the other ground-floor residents have already installed theirs. We even cleared it with the HOA manager, and he gave us the green light.
However, yesterday an older gentleman living directly above us started complaining. He seems to have some personal anxieties about it and is flat-out refusing to let us install anything.
We've tried explaining everything to him—that we'll use a structure that requires minimal drilling, that we won't touch his balcony at all, and that we simply need to protect our child while they play outside. But he's being completely stubborn.
So, where does that leave us? What is the legal standing here?
The patio belongs to the building association rather than us personally, as the building sits on municipal land.
That said, the patio is right in front of our unit and is physically used by us, as no one else has access to it.
The awning will be under 160 square feet, which I believe is the limit before I'd need to pull a formal building permit.
Who actually has the rights here? Am I allowed to drill into the wall above my window to secure the awning, or does this guy have the legal authority to block me through some sort of injunction?
I've been digging through local zoning laws and HOA regulations, but I haven't found a case quite like this because it's so specific.
Can anyone offer some guidance?
Thanks!
We own an apartment that includes a patio area. Technically, this patio isn't listed individually on our deed; it's considered common area belonging to all the residents in the building.
Most units in our complex are designed with their own little yard or an extended patio space. Ours is about 215 square feet.
Since we're on the ground floor and have neighbors living directly above us, we want to install a polycarbonate awning. Our main goal is privacy so the people upstairs aren't looking right down at us, but more importantly, it's a safety issue. Things frequently fall from windows above, and since we have a small child, we can't take any risks.
We checked with our immediate neighbors, and nobody has an issue with us putting up an awning. In fact, most of the other ground-floor residents have already installed theirs. We even cleared it with the HOA manager, and he gave us the green light.
However, yesterday an older gentleman living directly above us started complaining. He seems to have some personal anxieties about it and is flat-out refusing to let us install anything.
We've tried explaining everything to him—that we'll use a structure that requires minimal drilling, that we won't touch his balcony at all, and that we simply need to protect our child while they play outside. But he's being completely stubborn.
So, where does that leave us? What is the legal standing here?
The patio belongs to the building association rather than us personally, as the building sits on municipal land.
That said, the patio is right in front of our unit and is physically used by us, as no one else has access to it.
The awning will be under 160 square feet, which I believe is the limit before I'd need to pull a formal building permit.
Who actually has the rights here? Am I allowed to drill into the wall above my window to secure the awning, or does this guy have the legal authority to block me through some sort of injunction?
I've been digging through local zoning laws and HOA regulations, but I haven't found a case quite like this because it's so specific.
Can anyone offer some guidance?
Thanks!