We are often asked by Boards of Directors to assist them in determining the maintenance, repair and replacement responsibilities for certain components in their Association when the provisions in their governing documents are ambiguous about such responsibilities or are absent altogether.

First we need to distinguish the difference between ownership of common elements in a condominium association and ownership of common areas in a homeowners association.  In a condominium association each unit is owned individually and the common elements are owned jointly in common with all of the unit owners.  In a homeowners association each lot is owned individually, but the common areas are owned by the Association (not by the lot owners). To make it more challenging sometimes condominium units appear to be small lots. We realize these are subtle differences, but it is important for purposes of this discussion.
Continue Reading Maintenance Responsibilities: Who is supposed to do what?

Q:  Our townhouse development has recorded covenants which require upkeep of the exterior to a high standard by each owner.  Not all owners follow the requirements. Some hire third rate contractors who do a poor job or take months to finish what they start.  We need to find a way to get better quality work done by our homeowners and get it done quickly after starting. Our board is thinking about starting a list of acceptable contractors who we have seen perform well and requiring the owners to use them.  Any suggestions?…

Continue Reading Owner Maintenance