HOA and Common Space

[Michael Bingham]

I have a condo that, apparently, has some building common space within it. I had received the documents when buying it two years ago with the bylaws, etc., and had reviewed them. But, the plat map showing the common space was not included. The HOA lawyer and board essentially say it was the county's fault for "mislabeling" the plat map, which they recently had to find from the county (they say). Now the HOA lawyer has the board spooked as they term it a liability issue to have common space within my condo. So, they want to change or even wall off the common space. The problem is that it has my washer and dryer. The space and condo have been like that for 14 years with numerous owners and tenants. I'm pretty sure the board just wants to give me grief. The condo documents don't allow easements, yet the HOA lawyer claims they automatically have one for common space. And I've been paying an HOA fee based on that square footage. I'm trying to sell the condo but it's bad timing due to the season. And, ya, I'll never get myself into an HOA again. Any thoughts, other than to tell them to leave me alone or spend thousands on a lawyer? In St. Louis City.

[Chris Seveney]

Quote from @Michael Bingham:

I have a condo that, apparently, has some building common space within it. I had received the documents when buying it two years ago with the bylaws, etc., and had reviewed them. But, the plat map showing the common space was not included. The HOA lawyer and board essentially say it was the county's fault for "mislabeling" the plat map, which they recently had to find from the county (they say). Now the HOA lawyer has the board spooked as they term it a liability issue to have common space within my condo. So, they want to change or even wall off the common space. The problem is that it has my washer and dryer. The space and condo have been like that for 14 years with numerous owners and tenants. I'm pretty sure the board just wants to give me grief. The condo documents don't allow easements, yet the HOA lawyer claims they automatically have one for common space. And I've been paying an HOA fee based on that square footage. I'm trying to sell the condo but it's bad timing due to the season. And, ya, I'll never get myself into an HOA again. Any thoughts, other than to tell them to leave me alone or spend thousands on a lawyer? In St. Louis City.

 It is very common to have common space with exclusive use in a condo. For example a balcony or private patio is typically considered common space but for exclusive use of the unit. 

They are over complicating this way too much.