common area repairs/removal of personal property

Started by JenniferA4 • 4 replies • 1600 views

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JenniferA4 (Illinois)
Posts: 1

Posted:

Our Association is responsible for keeping the balconies attached to our 11-unit building in good repair. We have workers coming to conduct repairs, and obviously personal items on the decks have to be moved out of the way in order for the work to be completed. One unit owner believes it should be the Association's responsibility to ensure that his renter's deck furnishings are removed prior to the work. Meanwhile, we've been informed by the renter that her furnishings, which include several heavy metal sculptures and large planting containers, are so heavy that they require 3 men to move. I can't find anything in our bylaws specific to this issue, but my own common sense understanding is that since the items are there solely at the discretion of the renter, it's her or the unit owner that would assume responsibility for the items' removal (and liability for them if any damage occurs to them in their removal). If anyone has useful information that would help us nail this down, I'd be very grateful.

RayM6 (Virginia)
Posts: 40

Posted:

I think I agree with you, especially if the balconies are common area as indicated in the thread title. If that is th case, maybe a solution is to ask the resident to remove the personal property. If they refuse, inform them and the owner the assoc will have it removed at their expense so the work can be completed. They would also be responsible for any storage or other cost, as well as be responsible for damage.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would say this: If your comfortable with complete strangers touching and moving your stuff when your not around, then let those people do that job". I would take pictures before and after moving. However, I think once you mention complete strangers handling their stuff if they don't move it, may just make them move it...

Former HOA President

EllieD (Vermont)
Posts: 446

Posted:

JenniferA4,

In your post you used the words both Decks and Balconies. Is the “problem” deck/balcony at ground level?

I assume that all residents have been informed by written memo, letter, about the work to be done, and the need to remove items.

I agree with RayM6 and your “common sense” approach.

IMO, if decks are limited common, and it is the Association’s responsibility to repair the decks/balconies, then, since the Association did not put the items there, the Association has NO responsibility to remove those items.

If the “workers” are going to have to remove the “things”, think about getting the resident/renter’s consent in writing agreeing to this, and tell them there will be a charge, fee, to do so, payable in advance.

And/or give them the option to arrange directly with the “contractor” to have the contractor move the items, with them, the renters, paying the contractor directly, keeping the Association out of it.

In my association we would probably provide the resident/renter with a form or similar to sign, so that Association will have a record, and assurance that the items will be removed in a timely manner.

How were you informed that the tenant does not intend to remove the items – verbally or in writing?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

The work will be done from so and so to so and so. All owners are required to move all items from their deck so the work can be performed properly.

Thank you.

I will not move my stuff.

In order for the work to be done properly, all stuff must be removed. If you fail to do so, the association will remove such, charge you to do so, and will not be responsible for any breakage.

Your choice.

Thank you.

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