Common Area vs. Personal Property

Started by JudyB • 1 replies • 1430 views

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JudyB (Colorado)
Posts: 3

Posted:

Our Declarations and Colorado Common Interest Ownership Act (CCIOA) seem to indicate that Assessments are to be collected for "common services" and for maintenance, repair and replacement of "common areas". Therefore, can reserves or special assessments be used to replace elements on privately owned units? These are townhouses not condominiums and the ownership is to the lot line. The Association has an obligation to "maintain" that includes painting and staining, but it doesn't specify replacement. If anyone reading Colorado Law knows the answer, I am interested in hearing what you have to say.

JoeW1 (New York)
Posts: 728

Posted:

JudyB - in addition to the responsibility to maintain, a COA has a responsibility to fund now for the future replacement of the common elements. i'd be very surprised if your COA was not required to do this. your gov. docs. should spell out what is a common element and not. typically roofs, roof sheathing, siding, exterior wood trim/details, roadways, clubhouse, pool, driveways, sidewalks, etc. are common elements and the responsibility of the coa to maintain and replace. the common elements are not personal property, they belong to the entire association.

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