EdwardD4 (California)
Posts: 99
Posts: 99
Posted:
https://www.davis-stirling.com/HOME/B/Balcony-Railings
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Balcony Railings Who Is Responsible.
Started by EdwardD4 • 7 replies • 995 views
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EdwardD4 (California)
Posts: 99
Posts: 99
Posted:
Oops, accidentally submitted before posting details
After SB326 was passed, a structural engineer inspected our patio decks and stairwells. The engineer determined that a few railings that are exclusive use to the homeowner needed to be replaced. In addition, the older railings that don’t meet newer guidelines because our complex was built in the 1970’s
Should the HOA be responsible for all the upstairs units exclusive use of balcony railings?
Per Davis Stirling:
Older condominium associations with balconies were often constructed with rails that were 5 to 6 inches apart. Approximately half of all 13 to 18-month old children can pass through a 5-inch opening. Construction standards have changed over the years because of injuries and deaths of small children who slipped through those railings.
Insurance. Even though older balconies are generally grandfathered by city and county building codes, the insurance industry is pressuring associations to bring railings up to the newer codes. Some insurance carriers have threatened to cancel insurance policies unless the changes are made.
https://www.davis-stirling.com/HOME/B/Balcony-Railings
After SB326 was passed, a structural engineer inspected our patio decks and stairwells. The engineer determined that a few railings that are exclusive use to the homeowner needed to be replaced. In addition, the older railings that don’t meet newer guidelines because our complex was built in the 1970’s
Should the HOA be responsible for all the upstairs units exclusive use of balcony railings?
Per Davis Stirling:
Older condominium associations with balconies were often constructed with rails that were 5 to 6 inches apart. Approximately half of all 13 to 18-month old children can pass through a 5-inch opening. Construction standards have changed over the years because of injuries and deaths of small children who slipped through those railings.
Insurance. Even though older balconies are generally grandfathered by city and county building codes, the insurance industry is pressuring associations to bring railings up to the newer codes. Some insurance carriers have threatened to cancel insurance policies unless the changes are made.
https://www.davis-stirling.com/HOME/B/Balcony-Railings
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Usually, things that are the exclusive use of the homeowner are their responsibility - did you read your documents?
If your documents are silent, I suppose an argument could be made either way, although I'd lead towards this being homeowner's responsibility. The most the HOA could do is suggest that people get the rails inspected, perhaps finding a contractor who will offer some sort of group rate (if homeowners don't take advantage, they have to pay full freight). Ditto for repairing the rails to bring them up to current code. In the meantime, talk to your association insurance carrier to see how they view this - if these ARE homeowner responsibly, you have another argument for homeowners addressing this now.
If your documents are silent, I suppose an argument could be made either way, although I'd lead towards this being homeowner's responsibility. The most the HOA could do is suggest that people get the rails inspected, perhaps finding a contractor who will offer some sort of group rate (if homeowners don't take advantage, they have to pay full freight). Ditto for repairing the rails to bring them up to current code. In the meantime, talk to your association insurance carrier to see how they view this - if these ARE homeowner responsibly, you have another argument for homeowners addressing this now.
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
Posts: 6,299
Posted:
I've seen exclusive use go both ways, and it may depend on the buildings' structures. I think in Kerry's high rise, balconies and their railings are maintained by the association, while in my community with two-story buildings the decks and railings are homeowner responsibility. Which makes sense: owners in my community can safely handle such repairs without risking damage to persons or property, but in a high rise they couldn't.
The Declaration/CC&Rs should clarify which is which.
The Declaration/CC&Rs should clarify which is which.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Cathy's right, in our high rise, the exclusive use common area (EUCA) balcony railings are the HOA's responsibility to repair/replace. They are on our reserve study.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By KerryL1 on 07/17/2022 11:16 AM
Cathy's right, in our high rise, the exclusive use common area (EUCA) balcony railings are the HOA's responsibility to repair/replace. They are on our reserve study.
Cathy's right, in our high rise, the exclusive use common area (EUCA) balcony railings are the HOA's responsibility to repair/replace. They are on our reserve study.
My condo HOA was responsible for driveways, sidewalks, patios, decks and screened in porches. They were classified as Limited Common Areas even though the owners were the only ones using them. The community is made up of side by side units.
MarshallT (New York)
Posts: 414
Posts: 414
Posted:
Like others have said, it can go both ways, but for condominiums, it's often the association that is responsible. You can always bring in an attorney if you need help with this.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Clarification: Our HOA is responsible for all balcony, deck & patios enclosures, which area all the same material and color.
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