Q: Does a condo HOA have a duty to make sure homeowners are maintaining their exclusive use balconies?
My CC&R’s say that the owner is responsible for maintaining and paying for all repairs, but does the HOA still have any responsibility for oversight to make sure homeowners are maintaining their property?
A:
In condominium communities, the responsibility for maintaining and repairing exclusive-use areas, such as balconies, is typically placed on the individual homeowners, as outlined in the CC&R's (Covenants, Conditions, and Restrictions). The HOA (Homeowners Association) usually has the authority to enforce the CC&R provisions. However, the extent of the HOA's oversight and enforcement regarding maintenance obligations can vary depending on the specific provisions outlined in the governing documents. Some HOAs may have policies or rules in place to ensure that homeowners comply with their maintenance responsibilities, while others may have limited involvement.
It is advisable to review your specific CC&R's and any additional rules or policies established by the HOA to determine the extent of the HOA's responsibility and oversight. If you have concerns about a homeowner failing to maintain their exclusive-use balcony, it may be appropriate to notify the HOA and provide them with relevant information. They can then assess the situation and take appropriate action within the bounds of their authority. Consulting with an attorney who specializes in HOA law would provide you with more specific guidance and clarification on the legal obligations and responsibilities of the HOA in your particular jurisdiction.
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