Responsibility of common element

Started by KathleenS1 • 6 replies • 1253 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

KathleenS1 (New Jersey)
Posts: 2

Posted:

We live in an age restricted condominium Association 55 and older. Most of residents are 60 to even 80. The Grounds Beautification Comm. wants to amend our governing doc. to shift Assoc. responsibility to Homeonwer responsibility regarding the maintenance (cost and labor) of trees, shrubs, plants, etc. abuting the common element of each homeowner's unit. The NJ Condo Act specifically states the Association shall be responsible for the maintenance, repair, replacement of common elements. A large majority of homeowners feel we bought into this community knowing the outside was virtually maintenance free (except for keeping the patio and walkways clean of debris).

The NJ Condo Act also states no amendment shall change a unit unless the owner of record thereof and the holders of record of any liens join in the execution of the amended or give consent thereto.

Our governing docs. also specificatlly state where an amendment is to made effecting the common element 51% of "Notice Mortgagees" must give written approval if an amendment is made concerning the responsibility for maintenance & repairs.

Question: Should this amendment even go to vote? A lot of the community thinks this amendment is against one of the main reasons we bought into this community.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kathleen,
That is what committees are for. If they can stand united about making and ammending a document, have them propose the change in writing and present it to board for study. If the board feels it is valid, then you call a special meeting to approve the change and must have a majority.
It is difficult to visulize you physical layout, but if any amount of physical labor is involved make sure you can control that. If it is just tree scaping and grass cutting, etc., keep in mind you may have to have a state certified person to use insecticide and most any application of lawn care and tree care spraying. I like the idea of individual little beautification areas but only under the control of Committee.

RogerB (Colorado)
Posts: 5,067

Posted:

Kathleen, amending your documents would be meaningless because that would not override what you stated is in the NJ Condo Act. Specifically "the Association shall be responsible for the maintenance, repair, replacement of common elements."

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Kathleen,
I have to agree with Roger, but for a little different reason. I think you will find somewhere in your Master deed a clause named "Partition".
This clause deals with the common property, real (building, etc,) and also include any land, which in a condo complex is all common of some kind. In our documents there is no provision that allows the common property to be divided or Partitioned. You can annex other property into the Regime but then that property becomes part of the Regime. Of couse Roger's conclusion of violating state statutes is valid, but I feel sure there are ways to accomplish your aims that would keep you legit. But you cannot muck around in partitioning Real Property.
Why would you want to do such a strange thing anyway? I am in the age group you are talking about. Forget the whole thing and ask the Beautification committee to come up with a five year plan for ways to save money if that is what you are wanting to do. It will require a lot of work.

KathleenS1 (New Jersey)
Posts: 2

Posted:

Roger B and Robert R1,

Thanks for your replies. This is exactly what I am trying to get across to the community and our Board, that the NJ Condo act overrides our governing docs. I will let our attorney figure out the part about "Partitions", which is called "Ownership of Common Elements" in our docs. and states Unit Owners are not permitted to bring an action for partition or division of the common elements.

KathleenS1

GloriaM (North Carolina)
Posts: 829

Posted:

Kathleen:

Even if NJ allowed it, with 60-80 year olds, they don't and most importantly shouldn't be out there mowing and maintaining common areas. Sounds like a bad idea, but hey do a questionaaire and poll the community to find out what the HO think, perhaps after an resounding NO the beautification committee will let that one go to rest.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KathleenS1: State law overrides what the community docs state. If you need to get your attorney to state this in a letter, then do so. It would satisfy the over 55 members and the Committee would know they cannot go forward with their request.

I am wondering if the Committee actually has a valid reason for wanting the common area responsibility changed to resident members. Could it be the cost involved for the association to maintain the areas? If so, there are many options to cut down maintenance costs for common areas.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here