In our declaration of condominium
of ownership in section 7.01 (b) it states that "the foundations, bearing walls, perimeter walls, structural
slabs, roof, halls, columns, girders, beams, supports, corridors, fires escapes, elevators
, stairways and common entrances, exits or communications ways" are declared as Common Elements and Limited Comm Elements and the responsibility of the Condo Association
My first question is, I live on the first floor of condos, the lobby is below, when the building was build in the early 1970's my patio front wall was built with all windows with support beams in between, and it is a load bearing wall. My neighbor
has the same set up. It is my understanding that where the horizontal
plane and the vertical plan meet that forms the boundary of the condo building it is considered the foot print of the building. I had to replace my "store front" windows due to a storm and part of the association said that was my responsibility and half said that it made up the "square of the building" and that should not be my responsibility. I have looked for a clear cut answer and can not find one.
Second question, the building is under a much needed repair at this time. They informed me and my neighbor this past Friday night that they are going to fix the garage deck that connects with our patio. On the official records, vol 3754 pg 417 it states private patio. Now they say that they will replace the railing but with no gate. According to zoning codes in Jacksonville, FL there is not a code stating "no gates allowed". They said it is a roof and that the new codes do not allow for gates on roofs. My documents still state it is my patio, and beyond that is a roof. Is there I can do about these two situations?