Hi Mary,

This is a situation where the association should hire a lawyer that specializes in condo law to assist. If what you are stating is accurate there should be little issue with forcing the owner to remove or update the addition to match the agreed upon design. The problem is that the owner is unlikely to do anything until forced to by the courts; this is why using a lawyer is so important. The lawyer will likely send a letter making the owner aware of the infraction and providing him X days to remedy the situation.

If it goes to court, which may be required, I dont believe the association will be given the approval to touch the property directly. The likely outcome is that the owner will be ordered to make the changes by a certain date, thereafter fees will be charged. In your initial call to the lawyer, which should be at no cost, he/she can advise whether or not the legal fees can be charged to the owner.

Good luck!