steps and common grounds

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

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

Gerald is the man, if it is common ground it is HOA responsibility.

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.

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.