Legal Question in Real Estate Law in Iowa
Homeowners Association Dispute
The ''Common Elements'' as defined within the Articles means all the Property shown on the Final Plat of the subdivision is to be used as private drive right-of-way and utility access easement to the lots within the Subdivision. My problem is a later Article refers to ''Alterations to common elements,'' which states, ''Except as permitted by the Act and except as set forth in this Declaration, common elements shall not be altered or removed and no improvements shall be constructed or made thereon [except by the Association] or by others upon the prior written consent of the Association. The Officers and board of directors interpret this to mean they can put any type of sign on my part of the property within the (common element or easement)without my permission because of the statement [except by the Association]. My property lot lies at the entrance and so they want entrance signs, Private Property signs, speed limit signs, and caution children playing signs on my part of the common element/easement. Is their interpretation correct and if so is there anything I can do to stop placement of all these signs? Thank you.
1 Answer from Attorneys
Re: Homeowners Association Dispute
By definition, you only own a percentage of the common elements along with all of the other owners. You do not solely own any part of the common elements. If there are 10 condos, all of equal value, you would only own an undivided 10 percent interest in any part of the common elements. Sorry, there is no "my part" of the common elements.
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