Balconies as part of Association responsibility or not

Started by SaraF4 • 4 replies • 2820 views

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SaraF4 (Hawaii)
Posts: 5

Posted:

In our condo which are individual homes we have two issues right now involving balconies: Issue 1 involves the railings on the balconies. Here the issue involves whether or not railings repair and replacement should be the owners responsibility or the HOA's. The HOA takes responsibility for external painting and roofing of the units including the painting of the balconies. The railings were in the reserve study in both 2001, when the property was turned over to the residents, and the most resent reserve study in 2011. Last year the Board decided to remove them so their maintenance and repair becomes the responsibility of owners. Is this lawful and is it wise? Any case information on this.

Issue 2 involves balconies as well. On some homes, the addition of a balcony was an option when they were originally built in 2000. The balconies were constructed by extending the beams that hold the second floor up at the time of construction and using those beams as the base of the balcony. The insurance dropped insuring these balconies because it only covers "as built construction" and the "as built" drawings do not show these balconies. A prior Board told owners that they had to insure these themselves, however, the HOA could add these balconies to the insurance for a very small amount. Obviously, these balconies are on the outside of the homes which are cared for by the HOA. Where have others come out in similar circumstances.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Our HOA Board recently interviewed HOA attorneys from 4 firms. When asked, the reps of each replied that who's responsible for maintaining these features is the most frequent question they get from Boards. Generally they are exclusive use (limited use) common area items as our balconies are.

The answer should be in your governing documents, probably your CC&Rs. But there may be ambiguity. In addition, what do your state laws say about this topic (if anything)?

Because you've been contributing to reserves for the rails for (how many???) years, it suggests that originally the rails were the HOA's responsibility. So, will you all get a refund from the reserves account of your contributions (based on how long each current owner has owned in your HOA) for this (or those) reserves line items?

Did your reserves analyst agree to remove them from your reserves schedule. I may be mistaken, but I've read that once in reserves items pretty much have to stay on the list, especially the items you list that have an obvious if estimated lifespan.

So, I don't know if your Board has the authority to make those changes. You & others should urge the board to get a legal opinion in writing if your docs aren't clear.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By SaraF4 on 07/13/2013 1:07 PM
In our condo which are individual homes we have two issues right now involving balconies: Issue 1 involves the railings on the balconies. Here the issue involves whether or not railings repair and replacement should be the owners responsibility or the HOA's. The HOA takes responsibility for external painting and roofing of the units including the painting of the balconies. The railings were in the reserve study in both 2001, when the property was turned over to the residents, and the most resent reserve study in 2011. Last year the Board decided to remove them so their maintenance and repair becomes the responsibility of owners. Is this lawful and is it wise? Any case information on this.

I agree with Carol. You need legal advice. The complete motion from start to end of the removal of the maintenance and repair of the railings needs to be reviewed.

It would also be pertinent to investigate if the HOA still wants to maintain control of the appearance of the balconies. This is to say that the courts might frown on the HOA attempting to have it both ways: maintain control over the appearance of what can be seen to the public and yet deciding that maintenance repair and replacement is the member/owner responsibility. If you expect the owner/member to replace, then they might replace/repaint in a manner that the HOA might not like.

MatthewW4 (Arizona)
Posts: 500

Posted:

I do not like condos for a lot of reasons. One problem is that Condos appeal to those who want to own a home without actually having to maintain it. Turning any part of maintenance over to individual condo owners is a guarantee that much of the work will never get done and what little is done will be inconsistent from one unit to another. The only way to ensure that balconies and railings are properly and uniformly maintained is for the association to continue doing the work.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MatthewW4 on 07/14/2013 6:44 AM
I do not like condos for a lot of reasons. One problem is that Condos appeal to those who want to own a home without actually having to maintain it. Turning any part of maintenance over to individual condo owners is a guarantee that much of the work will never get done and what little is done will be inconsistent from one unit to another. The only way to ensure that balconies and railings are properly and uniformly maintained is for the association to continue doing the work.

I agree.

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