REAL ESTATE Q&A CONDO BOARD CAN CONTROL USE OF ATTIC

Q: I live in a two-story condo on the second floor. I have access through a trapdoor in the ceiling of my unit to the attic. I use the attic to store holiday decora

tions. The fire marshal said it was OK to use the area for noncombustible items. Our board members now say we cannot store anything over our units, and they have the authority to insist we remove them no

matter what the fire marshal says. I have lived here for years, and the use of our attics was never an issue. Please advise me. — Jeanne

A: You will most likely need to remove your storage from the attic. However, before you do, you should check your condominium documents to see what space you own. The

documents will set forth what space you own outright, and what areas are held in common with your neighbors.

Most people usually think of the common areas as the lobby

and parking lot, but stairwells, roofs and mechanical systems are generally also owned by your community. This means that putting items in the attic is little different from leaving them in the lobby.

Whether leaving items in the attic is a fire risk is only one consideration. There can be

other reasons such as maintenance requirements and

fairness to other owners who don’t have access to the storage the attic provides you.

There may be some hope for you, however. You should speak with your board and neighbors about designating storage areas for various members of the community. Perhaps second-floor residents can use the attic, and firstfloor folks get space in a storage shed. Another idea might be to allow second-floor residents to rent the extra space from the community for a small fee. I am sure you and your neighbors can come up with other equitable solutions.