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| Saturday, October 11, 2008
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| Author |
Messages |
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GaryD1
(Oregon)
Posts:2
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| 09/16/2007 8:32 PM |
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| I am going around and around with a homeowner about who's responsible for replacing a broken garage door spring.He states that he does not own the garage and the garage is common element,I explained to him the association is responsible for structure,walls studs,roof,siding etc.This gentleman is not satisfied with the answer I gave him after getting talking with a hoa expert.He wants clarification on this issue and threatens the association with legal action up to small claims court,would a attorney be the best course of action in this matter,and could the association make him pay the fees if he is wrong. |
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JoeW1
(New York)
Posts:728
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| 09/17/2007 5:13 AM |
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| GaryD1 - Your governing documents should outline what the association is responsible to maintain and in the description of units. Is the unit a townhouse, sounds like it? If so, the association being responsible for the maintenance of the garage door mechanicals is an illogical request. Threat of a lawsuit is frivolous, don't fret. |
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RogerB
(Colorado)
Posts:3657
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| 09/17/2007 7:47 AM |
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| Gary, your Declaration of CC&Rs should define what exactly is common area which the association is responsible to maintain. If the Board is confident that the garage door is not common area then they can so advise and wait to see what the owner choses to do. The Board could get an opinion from an experienced HOA attorney. That may cost more than replacing the spring but would give information on whether the CC&Rs need to be amended. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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GaryD1
(Oregon)
Posts:2
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| 09/17/2007 7:52 PM |
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| Thank you!! |
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CharlesI1
(California)
Posts:29
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| 09/17/2007 9:36 PM |
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| Gary---You might be responsible for the front door lock or maybe not. You do need to investigate the governing documents and determine exactly what each owner is responsible for. |
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