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February 7, 2006
Combining Units - Is it legal?
A reader recently asked me: "Can an owner who owns two units take down a wall in order to double the size of his unit? This was done without the association board's approval, though I'm not sure the association cares. He still pays a double share of fees."
It has been known to have been done and is sometimes accepted by Boards. Oprah Winfrey according to news reports has combined 4 units at the top of a Chicago highrise. Whether it is allowed depends on the Association governing documents and whether the Board cares depends on the Association. Certainly, if the interior construction affects the structure adversely or affects common systems such as plumbing and wiring, and the Association has architectural review procedures, this is something that should be subject to architectural review. And if it is accepted, future owners would have to be advised that the assessments would be doubled. Sometimes a board will approve it so long as when the owner leaves/sells, they replace the walls and bring it back into conformity with the original construction.
Posted by Beth Grimm at February 7, 2006 8:56 PM