Rescind balcony replacement

The balcony at my condo is 48 years old, has never been maintained or repaired. Last year's 2021 meeting the board informed me that my balcony needed to be inspected and the repair/replacement cost will be my responsibility. I trusting the board decision and hearing the HOA tell me, that the unit next to me has agreed to pay for their balcony replacement, I too, verbally agreed.
Since then, the board started to place demands on me, such as hiring my own contractor, making sure flashing is added to prevent water from entering and telling me the association may not be liable if the construction is faulty. In other words " you break it, you own it" Something didn't seem right. Therefore, I spoke to a few neighbors to ask them about the balcony responsibility and they told me that this new board has taken upon themselves to ignore the bylaws which clearly state the balconies are the HOA responsibility to make fees more equatable. I also learned that the previous board had replaced 4 balconies and the HOA paid for them.

My question is, after reading the by-laws can I rescind my agreement to replace my balcony? and can two boards mandate repairs on owners as they please? What about the bylaws? where they clearly state the limited common element are the HOA responsibility to maintain, repair and replace.

Please Advice?

If your documents state limited common elements are the HOA'S responsibility, write a letter (and send it certified), quoting that part of the CCRs. You didn't say If you received the original decision in writing (if so, send a copy of that letter as well). Tell the board you expect them to replace the balcony and would like to make arrangements regarding the date and expect a response within 30 - 45 days.

By the way, if you never received anything in writing, don't make that mistake again when it comes to CCRs, assessments of board responsibilities. It's easy to say something, but hard to prove without witnesses

This gives them a chance to meet to discuss the matter, but it would be helpful to attend the next meeting and ask if they received your letter. If you get the certified receipt and it's signed, hang on to it (it'll be interesting to see if they lie about receiving it when you have proof). Keep track of who says what - in fact, bring some neighbors with you, preferably those in the same situation. Let's see what they say when having to face everyone.If

All of this said, I suspect the board said this was your responsibility because the association doesn't have enough money to fix all the balconies. Better take a hard look at the finances, especially reserves. If there aren't any, your building has bigger problems and it will take time and money to fix. Brace yourself for a possible special assessment.

JessicaL2,

-- I agree with HenryS7, SheliaH, and CathyA3 100%.

-- What the Board and you agreed to amounts to an unlawful amendment to either the Bylaws or CCRs. Usually only the owners voting en masse can amend the Bylaws or CCRs. I would mention this in the letter.

-- Are you sure it is the "Bylaws" that say the condo association is responsible for balconies? For the CCRs (covenants, conditions and restrictions) to list who (association or individual owners) owns what is more common.

-- So far I think your letter to the Board should read something like this:

Dear Board of Directors,

Through no fault of my own, my unit's balcony needs repairs. The Board has asked me to agree to repair the balcony. However Bylaw/CCR section ____ states that the association is responsible for the repair, replacement and maintenance of my unit's balcony. If I went ahead and did the repairs, then I would be violating the Bylaws/CCRs. Per Section ____ The only way to change the repair responsibility for the balconies is through an amendment to the Bylaws/CCRs. An amendment would require a vote of the owners. I am not aware of any vote of the owners to amend the Bylaws and CCRs, on this matter, having taken place.

I understand my earlier agreement to make repairs has no legal value. I rescind my agreement to make these repairs.

Would you please make arrangements to repair my balcony? Would you please let me know by March 15 when the association will do so?

Thank you for your service on the Board.

Sincerely,

FYI

Limited Common Elements:

The community’s declaration is required to specify what is and is not a limited common element. Conventional examples include a unit’s driveway, garage, mailbox, or attic. A few communities have elevators, parking areas, or amenities which are allocated for particular buildings or clusters of units. Unless the declaration says otherwise, ducts, wires, bearing walls, and similar fixtures which straddle a unit boundary are limited common elements to the extent they serve only one unit. Also, windows, shutters, exterior doors and doorsteps, porches, patios, balconies, and other features designed to serve a single unit although located outside its boundaries are also limited common elements unless the declaration says otherwise.