Also known as: substantial alterations
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A modification to common property that a common-interest community may make when reasonably necessary to carry out functions authorized by the governing documents.
A post-sale change to a product that can relieve a manufacturer of liability if it renders the product defective or unsafe.
Each sense below has its own examples, sources, and questions.
A modification to common property that a common-interest community may make when reasonably necessary to carry out functions authorized by the governing documents.
Select any source to read its text and confirm it supports the definition.
A post-sale change to a product that can relieve a manufacturer of liability if it renders the product defective or unsafe.
Select any source to read its text and confirm it supports the definition.
The Harbor Keys Marina Association board approves extending the main dock and adding a yacht-club building on common shoreline. Small-boat owners object that the project exceeds the board's power. Because the declaration authorizes improvements to enhance marina operations and appeal, the board may proceed with the substantial alteration as a reasonable exercise of its management authority over common property.
The board may do so when the governing documents authorize the underlying function and the project is reasonably necessary to carry it out. No owner vote or court approval is required unless the documents or a statute impose that limit.
Supporting sources
Electric Boat workers remove wheel guards from pneumatic tools and attach longer burrs to reach tight spaces. The resulting increase in vibration contributes to hand-arm injuries. The manufacturer defends by showing that these post-sale changes constituted a substantial alteration that created the hazard and broke the chain of causation.
It defeats the claim only when the alteration is shown to have caused the injury and was not foreseeable by the manufacturer. The defendant bears the burden of proving both the fact of alteration and its causal role.
Supporting sources
…likelihood of increased vibration. We begin with the defendants’ claim with respect to the trial court’s instruction regarding substantial alteration or modification.[^maj-19] The defendants argue that the trial court’s instruction improperly shifted to them the burden of disproving an essential element of the plaintiffs’ case. The…