If your community’s declaration is silent as to interior alterations of units, did you know that Section 211(a) of CCIOA authorizes owners to make improvements or alterations to their units without seeking board approval?
Specifically, Section 211(a) authorizes owners in post-CCIOA communities (communities created after July 1, 1992) to make improvements and alterations inside their units as long as such alterations do not violate any laws, impair the structural integrity, electrical systems, or mechanical systems of the building, or lessen the support of any portion of the building.
Therefore, if your community was created after CCIOA and your declaration does not contain limitations on the types of improvements that may be made inside the units, any rules the board adopts with respect to unit interiors should be consistent with the limitations set forth in Section 211(a).
For example, a rule prohibiting particular interior modifications because such modifications would impair the structural integrity of the building would be consistent with Section 211(a) and enforceable. On the other hand, a rule requiring board approval for replacement of railings inside the unit is not consistent with Section 211(a) and would likely be subject to challenge.
If you have questions or want to know more about interior alteration of units, please contact a HindmanSanchez attorney at 303.432.9999.