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TimT
(Pennsylvania)
Posts:1
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| 08/08/2006 1:34 PM |
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Aee bylaws do not say who is responsible for upkeep of
steps leading up to the home. The home is a townhome and the steps are on common grounds. If the steps are taken away there would be no entrance to home. |
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GeraldT1
Posts:0
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| 08/08/2006 2:03 PM |
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TimT,
In my COA (condominium owners association), the steps leading up to the home, and the landing are classified as an LCE (limited common element). The cost of repair or replacement is funded by the collection of monthly maintenance dues from all other residents in the COA. The Unit(s) owner(s) can do general sweeping or snow clearing if they so wish. The negligent act or ommission, misuse or neglect of the owner(s), family member, household pets, guests, occupants or visitors, is that individual Unit(s) responsibility to repair or replace.
Other CLE's in my assoiciation are any exterior landings, walkways, stairways, balconies, terraces, patios and decks to which there is direct access from the interior of an appurtenant Unit(s).
Your COA is probably the same, and somewhere in your bylaws it may state it.
Hope this helps!
GeraldT1
NNJ |
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CharlesW1
(Georgia)
Posts:821
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| 08/09/2006 6:32 AM |
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TimT,
I don’t know the laws pertaining to your particular scenario but, I think the owner of the town home would be responsible for any repairs, IMO. That is why they purchased a town home. It’s not an apartment. Owner will get offended if you even mention anything of the sort to them. “It’s a glorified apartment” It’s a long story.
I would think you would get some very good advice from some of the people on this discussion forum. Good luck with it.
Chuck W.
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Charles E. Wafer Jr. |
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GeraldT1
Posts:0
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| 08/09/2006 4:11 PM |
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CharlesW1,
Contrary to your post, the individual owner of the townhouse is typically NOT responsible for the repairs of common, or limited common elements to the invdividual unit. If that was the case, it would a private improvement upon common ground.
The individual maintenance dues are collected and it's those funds that are collectively pooled to fund or budget for eventual repairs, or replacement of the common, or limited common elements when it is necessary.
GeraldT1
NNJ |
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BradP
(Kansas)
Posts:1742
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| 08/09/2006 5:06 PM |
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| Gerald is the man, if it is common ground it is HOA responsibility. |
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BradP
(Kansas)
Posts:1742
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| 08/09/2006 5:06 PM |
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| Gerald is the man, if it is common ground it is HOA responsibility. |
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CharlesW1
(Georgia)
Posts:821
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| 08/10/2006 4:18 AM |
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GeraldT1,
I apologize to you and anyone else I may have misinformed. I appreciate you taking the time to educate me once again!
It makes sense to me though. I just thought, it held the same responsibilities as a HO would have without the larger lawn for maintancence. Is this true for all states? I have fiends that live in a town home, this information maybe helpful to them.
Thanks again
Chuck W.
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Charles E. Wafer Jr. |
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BonnieE
(Illinois)
Posts:176
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| 08/14/2006 1:31 PM |
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| Hello - Some State condo laws (and corresponding HOA declarations, bylaws) allow the BOD to define which limited common elements are to be the responsibility of the HO to maintain and repair, and which will be the responsibility of the HOA. When the BOD has determined it will be the HO's responsibility, the BOD may either arrange for the repairs/maintenance to be done and charge the cost back to the HO, or, simply require the HO handle it. The BOD, though, must first develop a policy defining which limited common elements are covered by whom, having it reviewed by the attorney (this is a recommended step),and providing this information to the the HOs. This is true in IL, for example. Our HOA has assigned the front steps to be a HO responsibiity, but decided that the front walkway would be the HOA's - these are both defined as limited common elements. This was a very recent policy change made by our BOD. Previously, the HOA covered most of the limited common elements, with the HO only being responsble for the doors, windows, skylights. The HOA assessments covered the limited common elements. But, due to rising costs, the BOD decided to make the change. |
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BonnieE
(Illinois)
Posts:176
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| 08/14/2006 1:35 PM |
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| P.S. In IL, all limited common elements are considered a common element -that is, the limted common elements are a subset of the common elements. As for the front steps, yes, they are a common element, but since they are for the exclusive use of that HO, they are then further defined as a limited common elements under IL condo law. To make matters more confusing, another subset of the limited common elements may be defined in the Declaration, called the exclusive limited common elements (ELCE). Our ELCEs are front doors, patio doors, garage doors, windows. |
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JoelM
(Ohio)
Posts:10
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| 08/15/2006 12:05 PM |
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| What most association members do not realize is that governing documents do not have to be static documents. They should be a clear, unabiguous and as functional as possible. If something such as you raise is vague and ambiguous, it should probably be clarified. This may be something simple the board can do, or it may be an issue you raise with the entire association. If the documents are silent on an item, the state's governing statutes may fill in the gaps. |
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