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KyleP (Florida)
Posts: 26
Posted:
Hi,
I live in Colorado. I was recently told by HOA Board that I am responsible for the maintenance and replacement of a window dormer roof. I have not seen anything in the CCR's where this exclusion is noted. Our CCR's say that the HOA is responsible for all exterior walls and roofs and decks. We have a small association and there are 3 such roofs on 3 separate units that need replacing. I am of the opinion that unless there is a specific notation of this in the CCR's that the HOA is responsible for roof repairs.
I do believe that they can try to create, with membership vote, an amendment if they so wish. What does this process look like and what is the cost to the HOA to make, pass and add an amendment?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kyle,

Since this dormer isn't standard (based on only a few units having them) what was the agreement when it was installed?

Sometimes, an Association will approve a modification providing that the unit is responsible for all maintenance and repair associated with the modification.

Suggest you write the Association politely asking what is the basis for this understanding as the governing documents specify that the Association is responsible for the roofs (cite the actual section).

Tim
KyleP (Florida)
Posts: 26
Posted:
Thanks Tim,

It was explained to me that such an agreement was made with original buyers of units 30 or so years ago. I have made the request you suggested (politely) for the governing documents to support this.
It is my belief that so far all the painting of these window frames over the years has been done by the HOA as well.

I served on this HOA for a few years & we had a similar circumstance where an original owner made a handshake agreement with HOA of long ago w/o documentation, to install & maintain a fence on commom element. We, the board asked her to remove fence upon sale of her unit, which she did not wish to do. The board removed the fence to rightfully claim common property.

I believe this information regarding window dormers needs to be disclosed
within the governing documents as well and if not contained in governing documents or amendment then the current governing documents which require HOA to maintain the exterior would apply.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kyle,

That should have been disclosed by the Seller of the unit.

If the Association does not have written documentation of any agreement and the new owner wishes to contest, they will probably win but will more than likely be more expensive for legal fees then just doing the maintenance.

If the Association does have written documentation, then all that is needed is a copy of the agreement from the original person making the agreement.

Tim
KyleP (Florida)
Posts: 26
Posted:
Further info.

Our govenring documents state the the HOA is exclusivley responsible for
maintenance and repair of roofs, with no exclusions.

To date I have not been provided with any other written documentation of precedent stated by Board that the window dormer roofs fall to unit owners to maintain.

I have suggested to the Board that if they want to change this they would need to create an amendment as spcified in Declaration any issure relating to a change in property maintenance must be voted on by full membership.

Does all this sound like the correct way to proceed if Board wnats to implement change?
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
told by HOA Board that I am responsible for the maintenance and replacement of a window dormer roof.


Response:
For liability and financial reasons I will need to see the paperwork citing the responsibility of my unit to replace this portion of the roof.
KyleP (Florida)
Posts: 26
Posted:
Thanks.

Yes I have asked for specific documents as my own insurance company has requested them.
I believe any agreement previously made was in verbal form only.

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