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JudyB (Colorado)
Posts: 3
Posted:
Some members of our Townhome Association want to define Maintenance as maintaining, repairing and replacing. We are twenty plus years old and some of the siding is showing signs of deterioration. The covenants originally obligated the Association for roof replacement, but it was ammended to remove them one year after the Subdevelopment began to be built. That original wording stated the Association will maintain, repair and replace the roofs. It also says the Association shall maintain, repair and replace as necessary all water, sewer, and electrical or other systems which serve the townhouses in the Subdivision. When the Covenants refer to the units it only states: The Association shall maintain the exterior (not including the roofs) of all townhouse units in this subdivision. Such maintenance shall include painting or staining exteriors as required to maintain the appearance of the subdivision in good condition. There is nowhere in the Covenants that exterior repair and replacement of units is addressed other than the provision on roofs. Only minor repairs have been done that were due to water sprinkler damage by Association sprinklers. Some members want their units to be "grandfathered" in the event an amendment is passed to clarify the wording and it is decided to definitely assign it to the homeowner.

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