Conflicting CCR.s. Who is really responsible?

Started by FionaC • 7 replies • 1628 views

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FionaC (California)
Posts: 212

Posted:

Our NEW ( just instated this year ) CCr's have always been interpreted as need be. But, recently there has been some issues on how to proceed with personal patio/ balcony maintenance.

We have basic wrought iron fencing, and the bars themselves are 1/2 in square, with 1 in square horizontal bars holding them in place. Painted basic white.

Our ccrs state that the exterior of the patio, and building are the maintenance of the HOA, however, the interior sides of the patio are the homeowner's responsibility? If you read it as it is, it reads as if the HOA is responsible for painting the bars that face outside the building and the other 3 sides are for the homeowner to do.

Its been brought to our attn, and as the BOD, we don't knowhow to interpret this. The BOD as a whole is attempting to make the maintenance of the balconies, and patio fence, flooring and outside surrounding wood the responsibility of our homeowners.

The CCRS are confusing and not well written. Any suggestion on on how to clarify this? or should we take them back to the atty who wrote them?

FredS7 (Arizona)
Posts: 927

Posted:

If the CC&Rs have been approved they are in effect and the only way to change them is to go through the process again.

In the meantime the Board of Directors is in charge of interpreting them.

It is a rare document that is totally unambiguous about everything.

EllieD (Vermont)
Posts: 446

Posted:

FionaC

Are you Condominium Association?

Would you be willing to post the exact words of the section(s) re: Patios and maintenance – both Homeowner’s responsibility and Associations responsibility?

Depending upon the actual words and how written, the word “maintenance” may have different interpretations, meanings, depending upon how it is used in the various sentences.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By FionaC on 09/25/2011 9:02 AM
Our ccrs state that the exterior of the patio, and building are the maintenance of the HOA, however, the interior sides of the patio are the homeowner's responsibility? If you read it as it is, it reads as if the HOA is responsible for painting the bars that face outside the building and the other 3 sides are for the homeowner to do.

Now that's rather silly, isn't it?

To be practical, the most efficient (quickest and cost-effective) way to paint a wrought iron fence would be to spray paint it. It would be difficult, if not nearly impossible, to spray paint one side without getting paint on the other side(s) unless you mask the side(s) you don't want to paint. I would think the entire fence should be painted by one party, either the homeowner or the association; not both.

If it's truly that ambiguous, my suggestion would be that the party responsible for the largest percentage of the patio to be maintained (be it homeowner or HOA) should maintain 100% of it.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By FionaC on 09/25/2011 9:02 AM

Its been brought to our attn, and as the BOD, we don't knowhow to interpret this. The BOD as a whole is attempting to make the maintenance of the balconies, and patio fence, flooring and outside surrounding wood the responsibility of our homeowners.

Without knowing the exact language, the Board can pass a resolution to clarify something within the CC&Rs. In this case I would suggest something like:

To Clarify Article xxx, section yyy of the CC&Rs, the Board of Directors has resolved that the Associations responsibility, as it pertains to patios, begins where the patio wall ends. The wall and railings are the responsibility of the owner of the associated Lot/Unit.

OR -

. . . begins where the patio wall starts. The wall and railings are the responsibility of the Association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Seems the wrought iron is a 3 D object and isn't to be treated as 2 D. I would intrepret as the entire railings are to be maintained by the HOA but anything inside those railings to the wall is the owner's responsibility. That's to say that the patio furniture or flooring texture/decor is up to the owner to care for. The actual structure and aesthetics of the railings is the HOA's. Painting one or two sides or a 4 sided item is taking it a bit too far.

Former HOA President

DonnaS (Tennessee)
Posts: 5,671

Posted:

Or if you really wanted to disect the description of the 4 sided rails, only the inside of each rail is within the owners part of the property with the 2 sides of the rail being within the outer portion of the designated HOA responsibility. Including the outer side which then gives the HOA 3 sides to paint.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By DonnaS on 09/26/2011 2:33 AM

Or if you really wanted to disect the description of the 4 sided rails, only the inside of each rail is within the owners part of the property with the 2 sides of the rail being within the outer portion of the designated HOA responsibility. Including the outer side which then gives the HOA 3 sides to paint.

We need to work on this.. for sure.. LOL

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