Brick Work

Started by JillJ4 • 7 replies • 237 views

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JillJ4
Posts: 29

Posted:

I would like to hear what others think on this...
Our HOA homes were built at different times unfortunately. We have 14 homes that have brick work under the kitchen window and on the bottom half of the garages on each side. The 14 homes that have brick were built back in 2004ish and all the newer homes, which were built later, were not build with brick. We have an owner in a new home that is stating that any brick work that needs to be done on the older 14 homes are a limited common expense and should be paid by the owners. I however believe that since it was how the homes were built that is just part of the home and therefore a common element - just like siding would be. Nothing is specifically stated in regards to "brickwork" in our declaration/by laws. I always thought that anything from the studs out would be considered common element (except of course for those things listed in our declaration/by laws, ie: windows, doors, patio door, etc are limited)
Would love to hear others thoughts.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I expect that you are discussing town homes or patio homes that are treated like a condominium.
Please verify.

Basically, if the governing documents specify that the HOA is responsible for the outside, then the HOA is responsible for the outside (brick or siding).

SheliaH (Indiana)
Posts: 6,964

Posted:

Read your documents to see who's responsible for what. Usually the CCRS list that and the bylaws dictate how the community is to be run, so it may not be in the declaration. If these are detached homes, the homeowner might be responsible - usually the association would be responsible for stuff like brick fronts because that's part of the "skin" of the building. My building also has a brick front, but vinyl siding on one side near the front door and the garage (because the developer was cheap AF). Anyway, if it's still unclear, have the association attorney have a look.

This may be a good time for all of you to read the documents so you'll know exactly who's responsible for what - our attorneys looked at this last year and wrote a letter on behalf of the board including a chart that provided this information for easy reference

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

Your CC&Rs should define "common elements" and "limited common elements" and who is responsible for maintaining each. Generally the structures of the buildings will determine this to some extent, and these definitions can't be changed without a thoughtful amendment to the CC&Rs,

An amendment requires approval from the majority of the membership, and usually from a super-majority. Amendments that change assessment percentages of individual homes may require unanimous approval, because if someone is paying less, somebody else has to pay more. No way around it. It's not something the board can change on the fly.

If the exteriors of the homes are considered common elements and part of the association's responsibility, that will include everything regardless of the type of materials. FWIW, our condo and townhome buildings contain a mixture of brick and siding, and the exact proportions of each depend on the floor plans inside as well as when the buildings were constructed.

JillJ4
Posts: 29

Posted:

They are town homes

CathyA3 (Ohio)
Posts: 6,299

Posted:

I've never seen exterior walls defined as limited common elements - the materials used in their construction make no difference.

It sounds like there is some confusion on the owner's part about what "limited common element" actually means. It just means that an owner has exclusive use of the item, such as with a patio. It says nothing about who pays to maintain it - the CC&Rs say who pays. And as I'd mentioned earlier, the board does not have the authority to change this.

If the homeowner is trying to argue that the folks with brick have exclusive use of this element, then *any* homeowner has exclusive use of the exterior of their home and they *all* should be paying for their own exteriors. And that seems very unlikely in a townhome community that tries to maintain a uniform appearance. You don't want homeowners in charge of replacing this stuff, or you'll get some interesting looking buildings in addition to a lot of squabbling.

(A related comment: exterior walls should be a reserve item. Your reserve studies should be estimating the remaining useful life of the brick and siding, and replacement would be paid for out of the reserve account, not the operating account. The operating account is for routine maintenance - eg. replacing a bit of mortar or a piece of siding that was damaged.)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jill

Typically in a townhouse situation the association is responsible for external structure maintenance. If this is this case, I do not see a variation in external materials mattering.

KerryL1 (California)
Posts: 14,550

Posted:

Cathy & JohnC seem on target, Jill.

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