Q&A: Can a Board Remove a Children's Playground?

Q. I purchased my condo unit in 2005 with amenities, including 24-hour security, two pools, a parking lot, and a children's playground.  This past summer, our board destroyed the children's playground and turned it into additional parking space for rent. None of the homeowners were informed about that. When I asked about it, I got an answer that the playground was in bad shape and costing the board extra for insurance, and that the kids can use any of the nearby parks for playing. Is this action by the board legal? 

                                      —How Is This Fair?

A. According to attorney Anne P. Ward of the Newark office of Ehrlich, Petriello, Gudin & Plaza, “Under the New Jersey Condominium Act, N.J.S.A. 46:8B-1 et seq (hereinafter “the Act”), a condominium property is divided into common elements, limited common elements, and privately-owned units. The Act defines those terms. 

“A common element is defined as:

(i) The land described in the master deed;


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