Doing double take on condo privacy

DEAR BENNY: I own a condo that has a property management company with an active board and bylaws. Each individual unit has a cement patio with a privacy fence (approximately 6 feet high) around it. The bylaws regulate what you can have on your private patio. There are a few things that I do not understand in this situation.

First of all, how can this private area off each unit be considered "common area"? Next question is what right does the property management have to look over the fence to see what you have on your patio? While I can understand receiving a letter of violation if something is sticking out above the fence, I regularly get violation letters regarding items they have seen on my private patio that can be seen only by opening my gate or looking over the fence. I am very frustrated and feel my rights are violated. --Maureen

DEAR MAUREEN: I appreciate your frustration, and agree that property managers should not be spies. Years ago, I wrote an article entitled "I spy." It started off as follows: "There are three people outside my unit wearing trench coats and holding binoculars. No, it's not the KGB, but your local architectural committee checking that you are in full compliance with the association's rules and regulations."

First, however, you should learn what your patio really is. In a condominium, there are three parts: (1) your unit, (2) common elements, and (3) limited common elements (LCE). Your patio is an LCE. That means that it is outside your unit, but is not accessible to every owner.

Typically, LCEs are under the control of the board of directors. Why? It's because your patio is not in your unit, and there could be potential liability for the association should someone get injured on your patio.

I could go on with my description of LCEs, but it really is not necessary. I am sure that your legal documents (declaration, bylaws, and plats and plans) clearly depict your patio as an LCE. So there is nothing you can do about it; you should have understood this before you took title to your unit.

I do, however, agree that management should not be spying on you. Even on a limited common element, you should have a degree of privacy. Of course, if someone complains about something (or some activity) that takes place on that LCE, then in my opinion management should get involved.

What can you do about it? Unfortunately, you have only three choices: (1) try to get on the board and correct the problem; (2) put up with the situation; or (3) sell and move out.

DEAR BENNY: In 1997, I purchased a timeshare from a tennis club in California. During the past 12 years I have enjoyed using it, but am now getting to the age where I can no longer use the facilities as I once did.

My children and grandchildren do not want the timeshare, and the tennis club does not want to take it back, as they would rather have me continue to make my quarterly maintenance payments. I find it impossible to sell it or rent it out. I can't donate it to my church or a charity, as they would have to continue to make the quarterly maintenance payments. ...CONTINUED

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