Have owners in your association ever wanted to switch parking spaces or garages that are allocated as limited common elements and your association’s documents been silent on the issue? Well, if your community is post-CCIOA (i.e. created after July 1, 1992) you’re in luck! Section 208 of CCIOA provides a process by which limited common elements may be reallocated between owners in an association.
Regardless of what your declaration may state, Section 208 requires the consent of unit owners whose units are being affected by the reallocation before limited common elements may be reallocated. In addition, Section 208 further provides that subject to any provisions in the declaration, the owners who wish to have their limited common elements reallocated must submit an application to the board seeking approval of the proposed reallocation. Additionally, the application must meet the following criterion:
- The application must be signed by all applicants;
- A proposed form amendment to the declaration or plat (if necessary) must be enclosed;
- A deposit against attorney fees must be enclosed; and
- The applicants must provide such other information as may be reasonably requested by the board.
Section 208 further states that the applicants are responsible for all legal fees and costs associated with the reallocation and until/unless the board approves the reallocation and an amendment is recorded, the reallocation is not effective.
If your association experiences limited common element reallocation requests on a consistent basis, it may be a good idea for the board to adopt a policy setting forth a process and provide forms that owners can use to effectuate such reallocation. If you have questions or need assistance developing such a policy, please contact a Altitude Community Law attorney at 303.432.9999.