Q. A neighboring condominium has made a rule giving the manager discretion during the summer to limit the number of remodeling apartments he would allow depending upon the amount of work being done in the common area. Can an Association board give authority to the manager to limit remodeling in the community?
A. Remodeling within a unit would be under the owner’s discretion, provided the remodeling does not affect other units or the common areas.
Rules regarding remodeling, even within a unit, are found in the recorded documents, and most likely within the declaration. It is doubtful that any authority granted by the board to the manager to limit remodeling within a unit would be enforceable, regardless of how much work may be going on in the common areas.
As always, the opinion of the Association attorney is required and based upon each Association’s own documents.