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Condo Common Elements- Not Following Plat
Not sure if anyone can help me, but it??s worth a shot!
I am a mere layperson who joined this site, but I found it during research to help my parents in a condo battle dealing with my father??s childhood home in Lexington, Ky. The home was divided into 4 condos when my grandparents died, and my parents kept the largest unit. A survey was done, and each plat was filed simultaneously with the master deed and bylaws of the new condo association. However, in the master deed, the attorneys accidentally listed our square footage as the square footage of unit 1 and gave us their square footage. The owners of unit 1 are absolutely wretched individuals who clearly have nothing to do but bully the other unit owners. The square footage advantage gives them a tie breaking vote, which allows them to control the association (which was formed as a non-profit.) We are currently working with an attorney on a corrective deed due to a typographical error, but this process has taken shockingly long already… I will wait to ask questions regarding that issue and will start with this one:
The basement drawing in the plat stipulates that unit 1 has a dedicated space, and that 2,3, and 4 share the rest of the common area. However, the rest of the common area is completely FULL of the crap belonging to unit 1, including 3 sets of washers/dryers, and they ALSO have claimed the small space designated to them and locked it. The basement is unfinished. What is the best course of action to get them to adhere to the designations in the plat? Does it have to require civil action or is there another way to enforce? One of the owners tried telling them to move their stuff to no avail. Thanks in advance!!There is so much more to this whole thing that has us pulling our hair out, but this basement issue really has us and the other unit owners unraveling…. (a 95 pound elderly condo owner got crushed underneath a rack of clothes down there and was screaming for help, and these bullies did not come rescue her from beneath their JUNK!)
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