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Subject: Maintenance Repair
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Author Messages
DannyP1
(North Carolina)

Posts:4


11/02/2019 8:12 AM  
Who should be responsible for the repairs in the limited common areas HOA or Homeowner
MelissaP1
(Alabama)

Posts:8711


11/02/2019 8:29 AM  
Your basically asking this: Who should be responsible for paying? A single homeowner or ALL the homeowners to pay this expense? Which one do you think your neighbors and board will agree to or want to make responsible?

Former HOA President
KerryL1
(California)

Posts:6703


11/02/2019 9:00 AM  
Your governing documents should say who is responsible. It should be in your CC&Rs (aka, covenants, deed restrictions, declaration).

What is the item or property that's described as limited common area? Where in your documents is it describe bed as "limited common area?"
AugustinD


Posts:1990


11/02/2019 9:25 AM  
Ditto what Kerry posted.

Sometimes a condo's or HOA's covenants will list specific items in the LCA that are the responsibility of the HOA. At the same time, the covenants may list other items in the LCA that are the responsibility of the unit owner.
JohnC46
(South Carolina)

Posts:8827


11/02/2019 10:30 AM  
The below, from a CT lawyer, is as good an explanation as I have seen:

https://www.ctcondonews.com/2013/01/22/whose-responsibility-is-it-to-repair-limited-common-elements/
KerryL1
(California)

Posts:6703


11/02/2019 4:59 PM  
John's reference nicely describes many of the items that are likely to be Limited Common Area.

But it refers to CT law (CIOA) about condos. It notes, "It is the Declaration that defines the unit owner’s duty regarding repairing and replacing limited common elements in each condominium. If the Declaration is silent in this regard, CIOA makes the Association responsible to pay for the repair and or replacement of limited common elements."

This is that same as CA law about "exclusive use common areas," which is another name for "limited use common areas." But in CA, the statute refers to all common interest developments whether condo, detached homes, etc.

So we're back to what do Danny's declaration/CC&Rs say?

What does NC law say, if anything, about this topic?
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