Legal Question in Real Estate Law in New Hampshire
Condominium Assoc vs Hot Tub
I recently placed a hot tub on my deck (designated at limited common area). Unlike other bylaws I have read, my condo bylaws do not state that hot tubs are not allowed. They have demanded I remove the unit based on the following, ''no owner shall make any other addition, alteration, or improvement to his unit which affects the structural integrity of external appearance of the unit or common area.'' Seems vague and subjective to me. Any thoughts on how to approach this argument?
1 Answer from Attorneys
Re: Condominium Assoc vs Hot Tub
These are very difficult issues to address. Before offering any suggestions, a full review of the Condominium Declaration, by-laws, and Rules and Regulations would be appropriate. Often there are provisions which conflict and give pause for more opportunities to make the installation acceptable. I suggest that the real issue is are you willing to get into a litigation posture with the Association?