Example Statutory Unit Alteration Language
Alteration Language for Your Declaration
Alterations of Units. Subject to the provisions of the declaration and other provisions of law, a Unit Owner may make any improvements or alterations to the Owner's Unit that do not affect the Common Elements, structural integrity, acoustical characteristics, or mechanical or electrical systems of the property or lessen the support of any portion of the condominium. Owners must notify the Board of any improvement to their Unit with a value greater than $10,000, to ensure that adequate insurance can be obtained;
Unit Alterations – No Approval Required. The following alterations and improvements within the exterior boundaries of a Unit may be affected by any Owner, Residential User or Commercial User without obtaining prior approval so long as these alterations and improvements do not change any structural walls (including any penetrations of concrete walls, ceilings or floors) or affect the overall structural integrity, acoustical properties, plumbing, mechanical or electrical systems of the Condominium:
Owners must notify the Association in writing no less than forty-eight (48) hours in advance for any alterations or improvements that may potentially create scheduling considerations such as use of an elevator, excessive or prolonged noise or vibrations, the movement of extraordinarily sized items through any Common Element, or the use of vehicles that may need to occupy Post Alley for loading and/or unloading.
Unit Alterations – Prior Approval Required. The following alterations and improvements within the exterior boundaries of a Unit may be affected by any Owner, Residential User, or Commercial User only after obtaining the written approval of the Board of Directors:
a) installation of hard surface flooring above another Unit, which must meet sound reduction standards between Units established by the Department of Housing and Urban Development for Grade I dwellings (A Guide to Airborne, Impact, and Structure Borne Noise-control in Multifamily Dwellings, page 153), using testing as prescribed by the Building Code, for both airborne (STC) and Impact Sound Insulation (IIC) sound. The Board may adopt rules and procedures for approval and installation of flooring above other living spaces, and for determination of compliance with these standards, and enforcement.;
Approval Procedures for Alterations. Alterations (“Work”) requiring prior approval must be initiated by the Owner(s) of a Unit or Limited Common Element Deck, Planter and/or Terrace by written application (“Alteration Request”) to the Board of Directors that contains all of the following as applicable:
The Board shall approve an Owner’s Alteration Request unless it lacks satisfactory evidence that: 1) the implementation and/or final Work will comply with this Declaration, 2) the application is complete as described above, and 3) if altering a Limited Common Element, that such Work does not detract from the aesthetic appearance of the building, nor unreasonably inhibit view corridors. Failure of the Board of Directors to act upon such Alteration Request within 30 calendar days shall be deemed approval thereof, except that a failure to act cannot authorize any work that would otherwise be prohibited by this Declaration. The Board of Directors may also elect to provide preliminary and/or conditional approval subject to the timely receipt of additional information and/or evidence related to the Alteration Request.
In the course of making a determination for the Alteration Request, the Board of Directors may retain, at the Owner’s expense, architects, engineers and other professional and/or expert resources to review the application. The Board of Directors, in its sole discretion, may also elect to conduct a hearing for the Alteration Request at such reasonable place and time as is suitable and provide details to the Owner(s) who shall be entitled to be heard and to be accompanied by professionals such as architects, engineers, contractors, etc. If additional information is required to approve the Alteration Request, the Board of Directors shall have 30 calendar days to act based on the last date such information is received.
Performance of Work. Owners who have obtained approval of their Alteration Request shall ensure all Work is performed: 1) in accordance with the plans and specifications provided, 2) in compliance with Section 11.18.4 and 3) in compliance with any express conditions of approval provided in writing by the Board of Directors.
Several factors including, but not limited to contractor and subcontractor availability, selection and skill, due diligence of architects and designers, existing construction and product availability may lead to deviations from the originally approved plans and specifications. Such deviations will be considered acceptable unless they: 1) contravene requirements 2 or 3 of this Section, 2) violate other requirements of this Declaration, 3) materially increase the scope and/or scale of the Alteration Request or, if altering a Limited Common Element, 4) detract from the aesthetic appearance of the building, or 5) unreasonably inhibit view corridors.
Unauthorized Work. If there is credible evidence that work requiring approval from the Board is being conducted without such approval, the Board may enter a Unit to inspect by providing one (1) business day’s advance Notice posted on the door of the Unit. Unauthorized work must stop until approval is obtained. Any expenses incurred by the Association for investigation and enforcement related to unauthorized work shall be assessed against the Unit. Damage to any Limited Common Element or Common Element may be restored by the Board and the cost thereof assessed to the Unit. Refusal by an Owner to allow inspection shall be prima fascia evidence that unauthorized work is being performed.
Inspection and Correction of Work. During the course of Work related to any approved Alteration Request, the Association and its agents and representatives may enter upon any Unit or Limited Common Element for the purpose of inspecting the Work by providing at least one business day’s advance Notice posted to the door of the Unit. Inspection may be made at any time during working hours or when work is being performed. The Association shall not damage or interfere with work in progress.
If, at any time during the course of Work, the Board of Directors determines that requirements set forth in this Section have been violated, it shall cause written Notice of specific violations to be sent to the Owner(s). The Association shall provide the Owner(s) Notice and Opportunity to be Heard. Owners shall have ten (10) days to cure the violation, or to confirm a plan with the Board or its Managing Agent to do so. Any expenses incurred by the Association for investigation and enforcement related to such violations shall be assessed against the Unit.
Violations that put the plumbing, mechanical, life safety or electrical systems of the property at risk may be corrected by the Association at Owner’s expense if not cured within three (3) days. If other violations continue to exist after such hearing as may be scheduled, the Association shall provide the Owner(s) no less than thirty (30) days to remedy or remove the Work. If the Work fails to be remedied within such time provided or within any extension thereof, the Board of Directors may remove the Work or otherwise remedy the violations and levy a special assessment for cost of the same against the related Unit.
Completion of Work. Owners shall, promptly upon completion of all Work related to the Alteration Request, notify the Association of such completion. Within thirty (30) days after receiving Notice of completion, the Association’s Board and its agents and representatives shall have the right to enter the Unit or Limited Common Element to inspect the Work and determine if the alterations comply with the requirements of Section 11.18.
If the Board of Directors determines that any completed Work violates the requirements of Section 11.18, it shall cause written Notice of specific violations to be sent to the Owner(s) and include a request to promptly remedy the same. If, upon the expiration of thirty (30) days from the date of such notification, the Owner(s) shall have failed to remedy the violations, the Association shall provide the Owner(s) Notice and Opportunity to be Heard.
If violations continue to exist after such hearing as may be scheduled, the Association shall provide the Owner(s) no less than thirty (30) days to remedy or remove the Work. If the Work fails to be remedied within such time provided or within any extension thereof, the Board of Directors may remove the Work or otherwise remedy the violations and levy a special assessment for cost of the same against the related Unit.
Failure to Notify. If, for any reason, the Association fails to notify an Owner of any Work deviation within sixty (60) days after receipt of Notice of completion from the Owner(s), the Work related to such Alteration Request shall be deemed to be in accordance with approved plans and specifications, except that such failure cannot authorize or approve work that is otherwise prohibited by the Declaration.
No Obligation to Conduct Inspections. Nothing contained in this Section shall be construed to require the Association to conduct inspections. Any determination not to conduct an inspection shall not be construed as a waiver of any of the requirements set forth with respect to the Alteration Request.
Waiver. The approval by the Board of Directors of any plans, drawings, specifications, or other documentation for any Alteration Request performed or proposed, shall not be deemed to constitute a waiver of any right to withhold approval of any similar Alteration Request subsequently submitted for approval.