Attic area dispute with condo association

[condomaniac]

Jurisdiction

New York

I bought a condo in upstate New York in a community that is built in two level apartment units arranged in a U shape. I'm on the top floor, which also has a tall triangular roof that can be accessed from the trap door in the ceiling. Occasionally I need to clean the window area and make sure birds don't nest there. Electrical wire run across the top too. The prior owner built a really cute storage area that is very useful.

I have a running dispute with my neighbor downstairs who is always needlessly complaining about noise when I walk across my apartment, which is actually fully carpeted. Somehow she heard about my little storage area, perhaps from the electrician who services the complex and talks too much. She has complained to the condo association who want to inspect my upstairs area. I told them that I made no modifications to my unit and that I don't consent to them just walking into my upstairs area, which I maintain from my understanding (and history), and that there is no issue.

I'm wondering if anyone knows where to look to see if I have a case and defense to this. It's tough enough to make ends meet and paying to remove something that was there when I bought the place and should have been known to the condo association should not be my issue. Would anyone have heard of something like this?

 

[army judge]

I'm wondering if anyone knows where to look to see if I have a case and defense to this

Most people that are experiencing legal disputes seek the guidance and counsel of a licensed attorney to navigate the conflict.

 

[adjusterjack]

I'm wondering if anyone knows where to look to see if I have a case and defense to this.

I'm guessing that you don't.

Condo CC&Rs (Covenants, Conditions, Restrictions) are not written for the benefit of the individual condo unit owner.

I suggest you read your document thoroughly and carefully, maybe a few times like you were cramming for a final exam, and see what kind of leverage they have over you.

You probably don't have any leverage to keep a modification of a "common element" that shouldn't have been made in the first place, regardless that it was there when you bought the place. When you buy a condo you buy all of the issues that came before.