Legal Question in Real Estate Law in Maine

condominium authority

I live in a Maine Condominium that consists of 25 units and an elected board of 9 people. Our president has declared that the cement slab located ten feet or so from his porch is part of his limited common property and he has been given ''grandfather'' rights to put his bbq grill there. All other members are required to locate their grill in a common area/slab located several hundred feet from their units. My question is this?

What authority could a condo board have to give exclusive use of the common lawn(to any resident. He must walk across the common grass to get to his grill. I would like to have the same rights but somehow the board seems to think that they can give the president this exclusive right if they want to.

I am so mad at what I see as a giveaway of (my 1/25th ownership) that maybe I should pursue a lean

on the unit. Any help will be greatly appreciated


Asked on 10/22/07, 12:39 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: condominium authority

The Answer is that it is impossible to Answer your question without reviewing the condo plans and the Bylaws which define the limited common elements. Although it is most common for all units to thave the same limited common elements, some condos will allow for some unit owners to have slightly different rights. However, I should note that this is not something that the members can just "vote" to allow after the fact. If the Plans and Bylaws do not allow it, then the vote must be to formally amend the documents.

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Answered on 10/23/07, 8:30 am


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