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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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If a condo-owner renovates a unit they have just bought in

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If a condo-owner renovates a unit they have just bought in a 30 year old complex, opens the inside walls, and finds dry rot or anything else, whose financial responsibility is it to repair the situation? The owner or the HOA?

Thanks, Barbara

Dear XXXXX, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

The financial responsibility of the HOA is for the costs of the repairs and maintenance of common areas which are used by all of the owners in the community. These costs are usually funded by the monthly assessments which the owners are required to pay. If the project is a large one and is not encountered annually, the HOA will collect a Special Assessment. But, again, this would be for the repair, maintenance, or replacement of common areas.

 

The areas within a particular unit which serve only the unit owner is not considered a "common area", or even a "limited common area" and, therefore, the costs of repair, maintenance, and replacement of anything within such unit is the sole responsibility of the unit owner.
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Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

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Andrea, Esq. and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you.


Barbara

Hi, Barbara, You are most Welcome. Thank you for the "Excellent Service Rating", I appreciate it greatly. If you have any further question, or have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea ........... "

 

 

Thank you for allowing me the opportunity to assist you,

 

 

ANDREA

 

 

 

Customer: replied 3 years ago.

For Andrea:


If a rain leak or anything else that might cause a problem in the walls of a condo needs repair, is the HOA responsible for repairing the problem within the walls even though the owner woujld be responsible for the repair of the sheet rock within the unit? Is the owner financially responsiblefor the entire repair? How about sliding glass doors leading to a balcony misaligned due to settling. Who is responsible for that?


Thanks, Barbara

Customer: replied 3 years ago.


For Andrea:


 


If damage is caused within the walls due to leaks from rain or whatever, while owner would be responsible for sheet rock repair, who pays for the dry rot, etc. How about sliding glass doors to private balcony caused by building settling?


Thanks, Barbara

Hi, Barbara,

 

If the dry rot is within the walls that serve only that one unit, I would have to say that it is the responsibility of the unit owner. However, that gets very technical because the inner walls support other units because the support is interconnected. The glass doors serve only the one unit to which it is affixed, but it is part of the "uniform appearance" that HOAs require. The same can be said for the roof and the exterior f each unit - They serve only one unit, however, the HOA requires this same uniformity.

 

Issues like this are usually addressed in the Declaration (C,C&R) which specifies which areas are considered "limited common areas" which would sometimes be the responsibility of the HOA in order to preserve the uniformity and sometimes the cost would be placed on each unit owner equally. It would be the Declaration (C,C&R) which would be controlling. So, it is important that the contents of the Declaration (C,C&R) be read and thoroughly understood,

________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 3 years ago.

My follow up question is: Are C,C&R regulations absolute or can they be arbritrary subject to 75% majority vote by the owners? In other words, can the division of particular items, such as doors, windows and walls be assigned to the HOA for responsibility? Would we not be opening ourselves up to unknown and possible major expenses to all home owners of the association in the future?

Thanks, Barbara

The Declaration (Covenants, Conditions, Easement and Restrictions) are drafted and filed by the Developer. The Declaration itself would contain the requirements for amending the Declaration and the number of votes which would be required in order to pass such an Amendment.

 

Yes, I believe that the owners would be opening themselves up to substantial "Special Assessments" if some of these issues were voted on made to be part of the "common elements" for which the HOA would be responsible. If such an Amendment were to be voted on, it is important that each unit owner understand and appreciate the long term financial effect such an Amendment would have on them,

 

_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

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