Condo Media - June 2019 - 55

We looked to this condominium's declaration which fortunately defined the
patios as limited common elements, that
is, per the Rhode Island Condominium
Act, this patio area was to serve a single
unit. While the patios were one matter,
the backyard definition was quite another. This condominium's declaration
was silent with respect to the backyard
spaces directly in front of the patios to
the rear boundaries of the property itself.
Since the declaration itself was not much
help, we abstracted the title to the property and found the plats and plans which
were recorded with the declaration.
When we looked at the original
plans, we discovered that the declarant had described the grassy area in
front of each of the patios as limited
common elements. That would mean
that each unit owner had the exclusive
right to use the area in front of his or
her deck to the exclusion of the other.
So then, the non-Frisbee throwing
unit owner was right so far, his backyard space was indeed for his exclusive
use. However there was no marking or
other indication of a boundary dividing the grassy area. Here, I advised
them and the board to simply draw an
imaginary line from the middle of the
unit and decks and run it to the edge of
the grass at the rear boundary, in effect
squaring it off. That was not enough
for these two unit owners. They
wanted a fence installed.
FENCING DILEMMA
However, in this condominium,
it would not make much sense to
fence off the area as it would materially interfere with the landscapers who
needed to cut the grass. Specifically,
if the landscaper had to go around
the fence, patio and unit to access the
area to be cut, it would dramatically
increase the landscaping cost and
budget. Here, the burden of absorbing
a substantial increase in landscaping
outweighed the benefit of the fence.
Reasonable use here would be for the
kids to try their best not to "overthrow
the Frisbee" or at least wait until their
neighbor wasn't home, etc., and for
the other unit owner to realize that
kids will be kids and an occasional
encroachment into "his" yard was

The two unit owners were
apparently not able to
work out this dispute
amongst themselves.
So they came to the board
with their complaints.
not unreasonable. With all this in
mind, the board, with my blessing, essentially told the feuding unit owners
to learn to live with it, and with each
other, else they would be charged the
additional cost of fencing in the area.

I haven't heard from the association
so I assume things are going well.
I did, however, hear from a developer
who wanted me to review his engineer's plans for a new condominium.
You can bet that one of the first items
I commented on was that the plans
had missing boundary lines defining
the grassy area in front of his proposed
unit's decks and patios.
You can guess which revision I had
him make on that plan.
n FRANK A. LOMBARDI, ESQ., CCAL,
IS A PARTNER WITH THE LAW
FIRM GOODMAN, SHAPIRO &
LOMBARDI, LLC.

Managing complex relationships
is second nature to NSB

Peter Kitsakos, Gemini Property Management
and North Shore Bank Commercial Loan Officer,
Lisa Scopa at Bartlett's Reach in Amesbury, MA

In the fast-paced, ever-changing banking industry, our
clients have found a true partner in North Shore Bank.
NSB offers the loan and deposit products that our clients
need - delivering them with expert, personalized service."

Peter Kitsakos | Gemini Property Management
(978) 346-8900 - pjk@geminiproperty.com

Commercial & Industrial Lending | Commercial Real Estate Lending
Construction & Development Lending | Condominium Assn. Lending
northshore-bank.com |
Member FDIC

Member SIF

Equal Housing Lender

For information about commercial lending at North Shore Bank
call us at (877) 712-7000 or visit northshore-bank.com/lenders
June 2019 CONDOMEDIA

55



Condo Media - June 2019

Table of Contents for the Digital Edition of Condo Media - June 2019

Contents
Condo Media - June 2019 - Cover1
Condo Media - June 2019 - Cover2
Condo Media - June 2019 - Contents
Condo Media - June 2019 - 2
Condo Media - June 2019 - 3
Condo Media - June 2019 - 4
Condo Media - June 2019 - 5
Condo Media - June 2019 - 6
Condo Media - June 2019 - 7
Condo Media - June 2019 - 8
Condo Media - June 2019 - 9
Condo Media - June 2019 - 10
Condo Media - June 2019 - 11
Condo Media - June 2019 - 12
Condo Media - June 2019 - 13
Condo Media - June 2019 - 14
Condo Media - June 2019 - 15
Condo Media - June 2019 - 16
Condo Media - June 2019 - 17
Condo Media - June 2019 - 18
Condo Media - June 2019 - 19
Condo Media - June 2019 - 20
Condo Media - June 2019 - 21
Condo Media - June 2019 - 22
Condo Media - June 2019 - 23
Condo Media - June 2019 - 24
Condo Media - June 2019 - 25
Condo Media - June 2019 - 26
Condo Media - June 2019 - 27
Condo Media - June 2019 - 28
Condo Media - June 2019 - 29
Condo Media - June 2019 - 30
Condo Media - June 2019 - 31
Condo Media - June 2019 - 32
Condo Media - June 2019 - 33
Condo Media - June 2019 - 34
Condo Media - June 2019 - 35
Condo Media - June 2019 - 36
Condo Media - June 2019 - 37
Condo Media - June 2019 - 38
Condo Media - June 2019 - 39
Condo Media - June 2019 - 40
Condo Media - June 2019 - 41
Condo Media - June 2019 - 42
Condo Media - June 2019 - 43
Condo Media - June 2019 - 44
Condo Media - June 2019 - 45
Condo Media - June 2019 - 46
Condo Media - June 2019 - 47
Condo Media - June 2019 - 48
Condo Media - June 2019 - 49
Condo Media - June 2019 - 50
Condo Media - June 2019 - 51
Condo Media - June 2019 - 52
Condo Media - June 2019 - 53
Condo Media - June 2019 - 54
Condo Media - June 2019 - 55
Condo Media - June 2019 - 56
Condo Media - June 2019 - 57
Condo Media - June 2019 - 58
Condo Media - June 2019 - 59
Condo Media - June 2019 - 60
Condo Media - June 2019 - 61
Condo Media - June 2019 - 62
Condo Media - June 2019 - 63
Condo Media - June 2019 - 64
Condo Media - June 2019 - Cover3
Condo Media - June 2019 - Cover4
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202008
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202007
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202006
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202005
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202004
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202003
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202002
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202001
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201912
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911_v2
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201910
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201909
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201908
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201907
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201906
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201905
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201904
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201903
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201902
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201901
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201812
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201811
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201810
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201809
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201808
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201807
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201806
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201805
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201804
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201803
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201802
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201801
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201712
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201711
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201710
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201709
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201708
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201707
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201706
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201705
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201704
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201703
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201702
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201701
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201612
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201611
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201610
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201609
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201608
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201607
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201606
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201605
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201604
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201603
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201602
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201601
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201512
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201511
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201510
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201509
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201508
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201507
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201506
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201505
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201504
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201503
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201502
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201501
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201412
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201411
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201410
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201409
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201408
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201407
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201406
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201405
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201404
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201403
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201402
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201401
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201312
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201311
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201310
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201309
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201308
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201307
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201306
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201305
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201304
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201303
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201302
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201301
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201212
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201211
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201210
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201209
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201208
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201207
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201206
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201205
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201204
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201203
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201202
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201201
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201112
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201111
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201110
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201109
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201108
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201107
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201106
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201105
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201104
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201103
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201102
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201101
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201012
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201011
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201010
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201009
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201008
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201007
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201006
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201005
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200904
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201003
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201002
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201001
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200912
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200911
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200910
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200909
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_200908
https://www.nxtbookmedia.com