DannyP1 (North Carolina)
Posts: 4
Posts: 4
Posted:
Who should be responsible for the repairs in the limited common areas HOA or Homeowner
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Maintenance Repair
Started by DannyP1 • 5 replies • 507 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Your basically asking this: Who should be responsible for paying? A single homeowner or ALL the homeowners to pay this expense? Which one do you think your neighbors and board will agree to or want to make responsible?
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KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Your governing documents should say who is responsible. It should be in your CC&Rs (aka, covenants, deed restrictions, declaration).
What is the item or property that's described as limited common area? Where in your documents is it describe bed as "limited common area?"
What is the item or property that's described as limited common area? Where in your documents is it describe bed as "limited common area?"
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Ditto what Kerry posted.
Sometimes a condo's or HOA's covenants will list specific items in the LCA that are the responsibility of the HOA. At the same time, the covenants may list other items in the LCA that are the responsibility of the unit owner.
Sometimes a condo's or HOA's covenants will list specific items in the LCA that are the responsibility of the HOA. At the same time, the covenants may list other items in the LCA that are the responsibility of the unit owner.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
The below, from a CT lawyer, is as good an explanation as I have seen:
https://www.ctcondonews.com/2013/01/22/whose-responsibility-is-it-to-repair-limited-common-elements/
https://www.ctcondonews.com/2013/01/22/whose-responsibility-is-it-to-repair-limited-common-elements/
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
John's reference nicely describes many of the items that are likely to be Limited Common Area.
But it refers to CT law (CIOA) about condos. It notes, "It is the Declaration that defines the unit owner’s duty regarding repairing and replacing limited common elements in each condominium. If the Declaration is silent in this regard, CIOA makes the Association responsible to pay for the repair and or replacement of limited common elements."
This is that same as CA law about "exclusive use common areas," which is another name for "limited use common areas." But in CA, the statute refers to all common interest developments whether condo, detached homes, etc.
So we're back to what do Danny's declaration/CC&Rs say?
What does NC law say, if anything, about this topic?
But it refers to CT law (CIOA) about condos. It notes, "It is the Declaration that defines the unit owner’s duty regarding repairing and replacing limited common elements in each condominium. If the Declaration is silent in this regard, CIOA makes the Association responsible to pay for the repair and or replacement of limited common elements."
This is that same as CA law about "exclusive use common areas," which is another name for "limited use common areas." But in CA, the statute refers to all common interest developments whether condo, detached homes, etc.
So we're back to what do Danny's declaration/CC&Rs say?
What does NC law say, if anything, about this topic?
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