Hello,
I am the head of a condo association comprised of 2 units in a single building. Our basement is officially designated as a "common area" in our condo documents. However, the owner of the other unit in our building is attempting to sell his unit, and his advertisement for his place suggests that one portion of the basement common area is associated with his unit exclusively. This has led to all sorts of problems with his one potential buyer, who would like to convert that part of the common area basement into a part of the first floor unit (connected by means of a spiral staircase he'd build). I foresee all sorts of problems-- permit and otherwise-- with this idea, and in any case I'd like the common area basement to remain common, in accordance with the condo docs. What do you recommend I tell the potential buyer? The seller, incidentally, lives out of state.
Common areas
If I were you, I would tell the potential buyer the truth: Individual owners of condominium units cannot take common areas for their own use. Invite her to look at the condo documents. Although it is possible for the association to vote to change the designation of common areas and assign the areas to individual owners, you do not wish to do that. Even if you were willing to turn a blind eye to the buyer's improper use of the common areas, you would not be doing her (or you) any favors. When another buyer comes along in a few years, for either unit, the improper use of the common areas will create issues.