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WesleyC1 (Louisiana)
Posts: 6
Posted:
Widely debatable. Can someone review these two paragraphs and explain what each one really means. Who is really responsible for maintenance, repair, and paint of perimeter wall?

ARTICLE VI MAINTENANCE

Section 6.1 Common Elements: Toe Association shall maintain, repair and replace all of the Common mements within the Planne.d Community Project, including without limitation planting, replacing, repairing and maintaining all landscaped areas, irrigation systems, drainage areas, traffic access gates, monument signs, private streets and street lights, and shall keep all Improvements of whatever kin and for whatever pu1p0se from time to time located thereon in good order and repair, including without limitation e obligation to paint and maintain the exterior of the perimeter walls. In the maintenance of the Common Elements, the Association shall at all times strictly comply with the conditions of all applicable federal, state and local laws, including any applicable city or county laws and ordinances. In addition, the Association may maintain and keep in good repair rights-of-way, whether owned as part of a Unit or by any political subdivision of the State (subject to the approval or consent of the political subdivision), so long as the rights-of-way are within the Common Elements or within the Planne.d Community Project. This maintenance may include, but not be limited to, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures and improvements situated upon such areas.

Section 9.7 Perimeter Block Walls. There are perimeter block walls and/or fences around the Planned
Community Project which were constructed and are to be constructed by Declarant and are subject to this
Declaration as well as certain easements of record in favor of Declarant. It shall be the duty of every Owner,
to maintain and repair those walls and/or fences and, if necessary, replace the walls and/or fences as
originally constructed, all at such Owner's sole cost and expense. No changes or alterations, including,
without limitation, temporary alterations (e.g., removal for construction of pool) shall be made to the
perimeter walls and/or fences without the prior written approval of the Architectural Review Committee. It
shall be the duty of the Owner of each Unit on which a block wall and/or fence is located to maintain that
wall and/or fence and to obtain and maintain in force property and casualty insurance on a current
replacement cost basis on such block walls and/or fences. If an Owner fails to repair or replace such block
wall and/or fence, in accordance with this Section within forty-five (45) days after the occurrence of any
damages thereto, the Association shall be entitled to repair such damaged block wall and/or fence, in which
event any insurance proceeds an Owner may receive for any damage or destruction to the block wall and/or
fence located on his or her lot shall be paid to the Association which shall as promptly as practicable and in a
lawful and workmanlike manner restore and repair the block wall and/or fence to its former condition. If an
Owner fails to reimburse the Association the cost of such repairs, then the Association shall have the right to
place a lien upon the Unit of such Owner in an amount equal to the cost of such repairs, which shall be
enforceable in accordance with the procedures described in Article XVIII for unpaid assessments. The
Association is hereby granted a right and easement over, under, upon and across each Unit whereon a
perimeter block wall and/or fence is located for the purposes of exercising its rights under this Section.
TimB4 (Tennessee)
Posts: 21,061
Posted:
I expect that property backs up to the perimeter wall.

With this expectation and what you provided:

1) The owner is responsible for the repair/replacement of the wall along their property line.
2) The owner is responsible for painting (if needed) of the interior portion of the wall (the side that the property backs to).
3) The Association is responsible for painting the exterior of the wall.
WesleyC1 (Louisiana)
Posts: 6
Posted:
Let me add that the wall is concrete with stucco, and paint.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Doesn't change anything concerning responsibility.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By WesleyC1 on 10/20/2022 12:35 PM
Widely debatable. Can someone review these two paragraphs and explain what each one really means. Who is really responsible for maintenance, repair, and paint of perimeter wall?
From the covenants, my take: For any perimeter wall abutting any owner's lot, the owner of the lot is responsible for the maintenance et cetera of the wall. If the owner does not maintain et cetera the wall, the HOA reserves the right to step in, maintain the wall, and force the owner to pay for this upkeep by the HOA.
WesleyC1 (Louisiana)
Posts: 6
Posted:
So you are saying that the owner is responsible for all repairs of the wall except for painting of the exterior? Why is it that paint is the only responsibility of the HOA even though 6.1 states otherwise?

The other paragraph seems to me like the homeowners responsibility in case of catastrophic damage where coverage should be insurance.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By WesleyC1 on 10/20/2022 1:06 PM
So you are saying that the owner is responsible for all repairs of the wall except for painting of the exterior?
It all depends on how one defines "exterior" in the phrase, "to paint and maintain the exterior of the perimeter walls," doesn't it?

Which means this could be something over which an owner and the HOA would fight, and a court might be called upon to settle, over many months or even years, costing all of you more than the cost of whatever maintenance needs to be done.

Is there a cheaper, quicker way to settle this? The HOA and owners in dispute need to agree to what's what here and try to get the covenants amended to clafiry this phrase?
KerryL1 (California)
Posts: 14,550
Posted:

9.7 makes clear that the owner of a lot with a perimeter wall is responsible for painting, repairing and replacing it. 9.7 is a section Art. VI, I assume?

BUT, VI. Maintenance. The Assn is obligated to keep ....all Improvements of ...located thereon in good order and repair, including without limitation e[sic- "the?"] obligation to paint and maintain the exterior of the perimeter walls.

I'd say based on my own CC&Rs on similar topics that "exteriors" means the side of the wall that does not face the lot. Our condo entry front doors' interiors, for instance are Owners' obligations to paints, maintain, & repair. The exterior of our front doors that face the common area corridors are the responsibility of the assn. to clean, maintain, paint, repair & replace. The reason as with the exterior of the perimeter wall is that it's impossible for owners to protect these exteriors from, say graffiti, a careless passerby scraping against it thereby removing paint, etc.

What I think is iffy is how is is "maintain" defined? Is patching/painting holes or dings? Would it include damage that messed up the stucco too?

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