Unsure about this situation

Started by SharonS28 • 6 replies • 282 views

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SharonS28 (Wisconsin)
Posts: 1

Posted:

Hello! I am new here and a resident of a condominium complex in Wisconsin. I am not on the Condo Board at this time but both my husband and I have served in the past. We have an unusual situation.

Our condo association has eight buildings. The building that we live in is the only one that has a shared hallway, an elevator and underground parking. The other buildings I’ll have separate entrances and separate garages.

Since our buildings are about 16 years old, we are having difficulties with our elevator. There is a plan in progress to update the elevator. Our association does not have the money to do this large project so they are giving us a special assessment and we are covering half of this fee. The problem is they are only charging the people in our building and not the whole complex. I understand that this elevator serves our building, but I was always under the assumption that any common area charges are covered by everyone.

What does everyone think of this? I know some neighbors are really up in arms about it and I see both sides.

Thanks for listening.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Nobody is ever going to be happy when raising dues or having a special assessment. Especially if it does NOT benefit them. Which is what your situation is. Are you sure there are not a "Master" HOA situation? That happens in many of these type of setups. There is a "MASTER" HOA and then smaller separate ones within that. Sometimes the smaller HOA's do the burden of their own expenses.

I would present the situation with a different view. Considering if your HOA divides the special assessment against a larger number of members, the special assessment would be cheaper to everyone. If it's a small subset of people, the special assessment will be higher. Less people to divide it with.

Remind everyone the committment they made when they decided they were part of the HOA "club". One for all, all for one...

Former HOA President

LizD3 (California)
Posts: 200

Posted:

The Musketeers rallying cry of “One for all and all for one” seems very apropos!

KerryL1 (California)
Posts: 14,550

Posted:

On the surface, It seems only fair that owners in other buildings that have no elevator should not have to pay for any maintenance contract, into reserves, etc. for the elevator. Or to paint, carpet, etc. your hallway. The reason is they'r only used by residents of your building. Sure, residents from the other buildings ride the elevator to visit you, but it sounds like the elevator might be "limited use common area." It serves more than one but not all the units in your HOA.

How to find out? See if your covenants (CC&Rs, declaration) states anywhere who is responsible to maintain & repair the elevator. See in the front of that doc, where there are definitions, if common are and smith use common area are defined.

See if there's anywhere in the CC&Rs that distinguishes between the elevator building and all of the others. Does it have a separate name of designation? this might be in an Exhibit in the back of your CC&Rs. Also review your Article of Incorporation in case there's something useful there.

Another place to look at is at your Reserve Study. Is the elevator listed at all? Is there any notation about the elevator ?

TerriS6 (California)
Posts: 3,284

Posted:

It depends what your declaration says. 5 or 6 of our members front a public road so they never have to use the private roads. But our declaration says every lot pays the same. One board tried to lower the assessments of those 5 or 6. Another neighbor sued the board and won. So they still have to pay the same.check you declaration.

ElleN (Idaho)
Posts: 4,420

Posted:

I have seen original, un-amended condo covenants that do indeed say that maintenance/repairs benefiting less than all owners may (or even "shall") be assessed to only the owners who benefit. The courts will enforce such covenants.

ND (PA)
Posts: 792

Posted:

As a couple of others stated ... read your HOA documents. They will (or should) define the elements/facilities of your HOA and also indicate who is responsible for maintenance, repair & replacement costs associated with them.

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