Legal Question in Civil Litigation in Minnesota

Re: Residents Rights

Thank you for your question, which actually raises several issues about condominium associations and common areas in multiple unit dwellings.

First, the fact that association members previously had access to the association or management office does not necessarily mean there is a right of access, or that it is a common area. That is, the use may have just been tolerated, but not necessarily permitted by the terms of the association or management agreement. Past treatment of the space as a common area does not necessarily confer any right of access to the space upon association members, or somehow change its characterization.

It is possible the association or management agreement contains a provision permitting use of the office by all members (although my guess is that it not the case), and even more unlikely, it is possible the agreement provides the space should be freely accessible to members, or designates it as a common area. Neither would be typical of an agreement, however.

Second, even if the office is freely accessible to association members, the board can elect to restrict access as you have described. If the board has elected to restrict access to the space, whether or not it was previously treated as a "common area," it will require the action of the board to alter the conditions under which association members can access the office.

Many people mistakenly consider associations to be a democracy, and feel they have rights to the property in the same way that residents of a municipality have certain rights to public streets and buildings, for example. Make no mistake, an association is not like a mini-municipality. It bears more in common to a business corporation, and your relationship with the management bears more in common with the relationship of stockholders to a board of directors, that to that of residents and a city council.

I suggest you review your association agreement, and join other association members in submitting a request to the board.

Feel free to contact me if you require additional information. My contact information is set forth below.

Again, thank you for your question.