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EXCLUSIVE USE ATTIC

In a case where an owner sued the association for allowing members exclusive use of attics above their units. The CC&Rs allowed the board to grant exclusive use to the common areas if it was nominal, appurtenant to the unit, and did not interfere with rights of other owners. The court upheld the association’s approval of exclusive use and its authority to determine what is nominal use. (Harvey v. The Landing HOA.)

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Adams Stirling PLC