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I installed an awning on my condo and am being told I must take it down or mount it on poles. Is there any way to appeal this? I've already written to the managing agent, but he isn't being very helpful.
Thank you for your input Mark B. I never received a copy of the offering plan....previous owner never followed through giving it to me. Fairfield said I need to pay $175 if I want a copy. I called my lawyer to see what I can do about this. I sent the Managing Agent photos of my awning and of one of the collapsing removable gazebos I've seen in the community.
Verizon Fios just drilled 30 holes that run the entire length of my fenced in patio to install their cables. Yes, they got approval from the board of managers, I did not. Still, I want the opportunity to present my case. I would even remove it in the interim if that will help....although I feel it's ridiculous that they are making such an issue about it. I see large metal decorations on many other patio walls....which most certainly are not holding with a piece of tape. So, what is the difference!?
There is a difference between a large metal decoration (and lets say a free-standing one) or one on a wall and an awning. I assume the awning is affixed to the patio above you?
If other patios have the SAME type of awning, you could dispute that precedence has been set and if they do not allow yours, then they must instruct other owners to remove their awnings (or blinds etc.) that are for the purpose to block sun/privacy. That's only if there are the SAME type of awnings on other units. You need to get a copy of your offering plan; you should know the "rules & regulations" of where you purchased.
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I'm not sure how your awning is placed, or where it is installed, but let's say it's on a balcony or terrace for your apartment. You Offering Plan may consider this to be a "limited common element" that is essentially common area that only you have access to. If this is the case, you can't alter common area elements without the prior written approval of the Board / Managing Agent.
If this area is not a limited common element, and it is your personal space, the Offering Plan most likely has a provision that you can't do any renovation work without the prior approval of the Board / Agent. This is most likely to prevent unauthorized and uninsured contractors from working in the building and potentially damaging the building, etc.
If the Board is asking you to either take it down or mount it on poles, it would appear that they are acting within their guidelines and if anything, you should have approached them prior to the work commencing to ensure that you were in compliance with the building's rules and regulations on these types of installations.
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