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Subject: Exclusive Use Common Area
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Author Messages
KimC12
(California)

Posts:3


06/23/2021 2:49 PM  
I live in a 2-level condominium complex where units have exclusive use front patios and decks. Residents used to receive advance notice of repairs and maintenance, but not anymore. There has been power-washing where residents weren't aware and didn't close windows; water dripped from upper decks down to furniture/belongings on lower porches. Most recently, they had repairmen with rolling carts out on our porches doing full replacement of porch lighting fixtures. I appreciate the upkeep, but I feel we should have some right to notification. When I call the PM office, the administrative personnel doesn't even have these activities on the schedule. I've scoured the CC&Rs and know the HOA can enter the unit for cause, but what about very disruptive work to exclusive common area with no notice? Thoughts?
SheliaH
(Indiana)

Posts:4291


06/23/2021 5:03 PM  
You need to speak to your board. Since this is common area, your documents dictate how that's used and the board is responsible for its upkeep, so someone on the board had to tell the property manager to schedule the services. It may be they had an outside company do the work and that's why the administrative staff didn't know.

I realize this was disruptive, but if this is the first time this has happened, chalk it up to an honest mistake (you make them too). Maybe this work has been done around the same time every year and the board assumed everyone would know to expect it. It doesn't sound like there was major damage and considering everything that's gone on in the past year, there are heavier things to worry about.

KerryL1
(California)

Posts:8729


06/23/2021 6:10 PM  
I agree with Sheila. But I also think the PM should as a courtesy give residents notice when work will be done in their exclusive use areas that are attached tether condos. So make a polite cvil request to the Board to instruct the PM to do that.
KimC12
(California)

Posts:3


06/23/2021 7:05 PM  
Thank you. I think it is a courtesy, and I've asked at the recent meeting and the board said they didn't see the need to give notice. I've lived here for awhile and it's been great. There's a few new board members and a new lack of transparency. I'm just trying to navigate the waters so I feel comfortable in my own home.
CathyA3
(Ohio)

Posts:2599


06/23/2021 7:08 PM  
Kim didn't say, but the question assumes that the association is responsible for maintenance of these areas. In my community, individual owners are responsible for maintaining, repairing and replacing the limited (exclusive use) common areas - so this situation wouldn't arise.

Which makes me wonder, since Kim said that the administrative personnel don't even have the activities on the schedule. So... who is doing the work?

There seems to be a lack of communication all around. Of course the association should give notice if they're going to be working, that's only fair. If homeowners are cleaning things without giving their neighbors a heads-up, that's a different problem - perhaps people can be encouraged to let the neighbors know. Any activity that damages people's property is the responsibility of whoever is doing the work, so it's in everyone's best interest to give adequate notice. Maybe there is a new board or a new property manager in the community and they're still learning the ropes, so homeowners should let them know when things don't go right.
KimC12
(California)

Posts:3


06/24/2021 3:27 PM  
Hi Cathy,
Owners are responsible for maintenance, and HOA is responsible for repair of exclusive use. The board members are having workers come out and do work (replacing lights, power-washing) in the exclusive area with no notice. Yes, it's nice to have these areas kept up, but it is very frustrating and feels like an invasion of privacy and peaceful living when we have no notice. Other residents are upset, but when we've asked about it at board meeting, we are told it is common area and they don't need to tell us anything. I don't want things to be contentious, but I finally started looking into the CC&Rs for some protection.
KerryL1
(California)

Posts:8729


06/24/2021 3:35 PM  
I'm in a high rise condo too, Kim, but workers would have to come through units, except for ground floor patioss, to get to our exclusive use balconies. Per one of our CC&Rs, the Assn. must give us notice to come into our units UNLESS an emergency.
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Forums > Homeowner Association > HOA Discussions > Exclusive Use Common Area



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