When you live in a condominium, typically you are free to remodel inside your home and do things like paint, add flooring, and fix up the kitchen or bathroom. When it comes to those big exterior projects, that’s left up to the condo to do, which includes all of the residents and you.
Collective strength is powerful when it comes to major projects like adding a new roof, painting, or installing a driveway. It also takes a lot of the load off of your shoulders. You’re free to go about your day instead of negotiating costs with contractors.
But there are stumbling blocks and gray areas. If you own a detached house and want to add blown-in cellulose insulation, you just do it. As a condo owner, you may propose this to the board, and it may or may not be done. With a condo, who controls permits for building projects? When you want to modify your condo, can you do this?
HOA Permissions vs. Municipal Permits
Homeowners’ associations (HOAs) control many aspects of condo remodeling through the CC&Rs (covenants, conditions, and restrictions), which all condo owners become legally obligated to follow when they purchase their property. Upon purchase of the condo, owners become members of the association.
Municipal permits and HOA permissions are separate things. Municipal permits might include city, county, or even state permits for activities related to remodeling, whereas HOA permission refers to the legally binding agreement between you and your HOA.
Municipal Permits For Condo Remodels
Permits are required for many condo remodels. Projects that require municipal permitting with a single-family house require permitting in a condo.
In a detached house, it’s rare that you would need a permit to replace a kitchen floor. Installing a new floor covering is not a hygiene or safety problem, and it doesn’t affect adjacent homeowners.
Yet some municipalities require permits for flooring replacement in a condo. For example, the City of Minneapolis requires a permit for any condo owner wishing to replace their carpet with hard flooring (wood, stone, ceramic, etc.). In addition to the permit, condo owners need to install a sound mat below the hard flooring.
Interior Changes That Are Mandated
When a condo owner wants to make a change to the interior, they either do so with express permission or the HOA board approves the change. But what about the other way around? Can an HOA tell a condo owner to make an interior change?
Yes. In some cases, the HOA can and will require you to make interior changes. Some CC&Rs mandate that condo owners replace their water heaters every 10 years, even if the water heater is functioning properly.
Even though the water heater is clearly on the condo owner’s property, it would severely damage common property if it malfunctioned.
HOA Authorization for Remodels
Being communal groups, HOAs are concerned with maintaining the property as a whole. Your unit is secondary to the welfare of the entire building. That’s why CC&Rs stress the word structural in the by-laws.
HOAs are even concerned about interior remodels that might seem to be outside of the purview of the association and other members. Installing a kitchen floor in a condo becomes a larger issue because the weight of the flooring may impact the structure as a whole. Whereas sheet vinyl or luxury vinyl plank flooring—both relatively lightweight—may be allowed, natural stone like travertine or slate may not be allowed due to their excessive weight.
In addition to structural integrity, HOAs are concerned about noise. Noise is the one of the most common causes of rancor in condos, so associations want to keep peace among residents.
Finally, HOAs need to keep control of the common property. Plumbing (supply and waste) and electrical are both considered common property.
Projects That Require HOA Approval
Any condominium remodel involving the following areas of the condo usually need HOA approval:
- Interior or exterior walls
- Structural floor
- Ceilings
- Columns
- Finish flooring
- Plumbing
- Electrical
- Painting exterior door or window casing
Projects That Do Not Need HOA Approval
Given the ambiguity of much CC&R language, run all proposed condo remodels past the HOA board first. Some projects that may not need approval include:
- Paint the interior walls or ceiling
- Install crown molding
- Replace or install baseboards
- Install, replace, or repair door and window casings
- Replace light fixtures, outlets, and switches on a one-for-one basis
- Replace of shower, bath, or sink fixtures
- Install built-in cabinets
- Install new kitchen cabinets
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