HOA with Townhomes and Condos

Started by JillP1 • 3 replies • 670 views

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JillP1 (North Carolina)
Posts: 1

Posted:

My HOA consist of townhouses and condos. According to the Association documents the exterior lighting is the Associations responsibility, does this include the exterior lighting of the townhouses?
The light that serves those townhouses in my eyes would be considered a limited common element that serves only that unit. But I cant find any verbiage differentiating the responsibility of the two.

MelaniW (Maryland)
Posts: 8

Posted:

The term "Limited Common Elements" would only apply to lighting placed on structures owned by the association (but used by some or many). The front door area, back door area, alleyways are all deeded to the association.

On a townhouse, the homeowner owns the section of home that the lighting element is attached to, and the electricity bill for that light goes to the homeowner, not the association. So it's not a Limited Common Element (unless your property is deeded differently than I described).

FredS7 (Arizona)
Posts: 927

Posted:

If not clear in the documents, the Board should make a determination that is not in conflict with the documents.

Sometimes a lawyer can see things in the documents that are not apparent to a casual reader. That doesn't mean that it is worth the $ to ask.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Look in your governing docs (CC&Rs, Declaration, or similar). It should be spell out exactly what items make up the "Unit", the "Common Elements" and the "Limited Common Elements". Then check for a section that deals with "Unit Owner Responsibilities". This should tell you if the owner or the association is responsible for outdoor lighting.

This can be confusing. If your association is like mine, then the unit owners are responsible for the outdoor lighting that serves their unit only. The association is responsible for other outdoor lighting, such as street lights or lights on the decorative structure at the community entrance.

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