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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34512
Experience:  12+ yrs. of experience including real estate law.
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I live in a 49 unit community which has an HOA. I have

Customer Question

I live in a 49 unit community which has an HOA. I have always been told that I am responsible for any improvements or damage to the interior of my unit,but the HOA is responsible for the outside. Our outside deck (open air) is deteriorating...some rotting wood. The HOA is saying I must "Bite the Bullet" and pay for this outside problem. What do you think?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Colorado Springs,CO
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Such As?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 11 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 months ago.

The answer depends on your bylaws. An HOA is simply a corporation. No more. No less.
And as a corporation they are required to follow their bylaws (the rules that establish the corporation)

Take a look at your bylaws...they will define "common areas" that the HOA is responsible to maintain. If your deck is a common area? The HOA must maintain it...otherwise you must maintain it

It really is that simple

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding