Gutters as common elements

Our Reserve Study designates the gutters and downspouts of each unit as common elements. We are a 55+ community and the developer's marketing and sales documents claimed all exterior maintenance was covered by the monthly assessment fee (excluding windows and doors). Our Declaration says the HOA is responsible for maintenance of all common elements and unit exteriors, roofs and siding (excluding windows and doors). The Board is saying the homeowners are responsible for cleaning, inspections and maintenance of their gutters. My question is: If the Reserve Study says the gutters and downspouts are common elements and the Declaration says maintenance of roofs and siding are the HOA's responsibility, how can the Board place the responsibility for maintenance on homeowners?

Thanks for any guidance and advice.

Basically it breaks down to this... When you ask the "HOA" to be responsible, it means you and your neighbors pay for it. Which is via the HOA dues/budget. If you put the responsibility on the individual, then it doesn't come out the HOA budget. Of which you and your neighbors contribute.

So if they want the individual to pay, then it means they don't want to use everyone's money to pay for individual issue. So it's up to you and your neighbors if they want this to be an "common area" element of which everyone pays for. Some people may not agree to use HOA's funds for one person's issue. Others may say, this is agreed to and allow the money to come out of the HOA's budget.

Im with Steve ...

Gutters and downspouts get clogged ... when clogged they overflow and areas around them (roof, soffits, facias, walls, etc) become and stay wet ... leading to rot and the need to replace.

Requiring an owner to maintain these items is asking for trouble - far greater trouble than the maintenance costs of keeping the gutters and downspouts clear.

BTW - if this is a recurring problem, a one time assessment to cover the cost of gutter covers of some kind, should be considered. If the developer is still in charge, you will need to negotiate.

John,

Great question - I hadn’t thought of that!

I want to thank everyone who responded.

My concern is we are a 55+ community and I don't think having senior residents climbing ladders to inspect and clean their gutters is a good ideas. Our monthly assessment is supposed to pay for maintenance (our Declaration says preventive maintenance) of the common elements.

You may consider hiring an attorney to send a 'demand letter'.

Should the 'board' become recalcitrant you will need to determine how far you wish to 'push' the issue.

While you are, IMO, correct in your interpretation of the 'documents' the 'board' appears to be reluctant to actual fund the HOA's responsibilities.

This is a COMMON issue with 55+ communities.

Have you ever heard: "Why should I pay now, I may not be here tomorrow?"

Best of luck and next time:

CAVEAT EMPTOR

ps. at least y'all have no live young 'uns running about - merely the CONSTANT noise of the service and repair trucks and the amateur landscapers' equipment ALL DAY LONG

I don’t think the board is asking owners to actually do the cleaning - rather they are probably requiring owners be responsible for doing it.

Sometimes its better for the HOA to take over maintenance that effects everyone.

Take cleaning dryer vents for example. Unit owners were responsible but were not doing it. HOA took it over and now they know its being done, thus minimizing the risk of fire that would burn down everyone's home. Homeowners are happy they dont have to deal with it and its cheaper when doing all the units than paying for it yourself.

I see the gutters as a similar situation. It will affect the entire building if water gets into the building from a clogged or broken gutter. Might as well make it a HOA responsibility. Do them all at the same time.