Outdoor Deteriorating Deck Attached To My Condo

Started by JamesJ17 • 11 replies • 292 views

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JamesJ17 (Minnesota)
Posts: 23

Posted:

My condo in Minnesota has an attached deteriorating 2nd story deck. It is a limited common element allocated solely to my unit.
Is my HOA responsible to repair and/or replace it, as it is not safe to walk on?

Thanks,
Jim Johnsen

MelissaP1 (Alabama)
Posts: 13,836

Posted:

That is something to ASK your HOA rather than demand it. Read your documents to verify if they are or not. Remember when you ask your HOA to pay for something it means ALL members are paying for it versus just you. You can now imagine the answer you may receive once you ask others to pay for something that effects just you. Doesn't mean they are not responsible. Just expect that if your HOA is broke your project may be delayed for awhile. Maybe come up with a compromise of approval and certain elements to be replaced. If you need it sooon.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Limited common areas are sometime the responsibility of the Association to repair & replace. Attached balconies in my multi-story condo building are the obligation of the Association to repair in our CC&Rs.

So, your CC&Rs will state who's responsible to repair and possibly replace your deck. My guess it's the HOA, but you must check. Another place that might give you an answer if your HOA's reserves tidy, which lists or SHOULD list all of the comments in your HOA that the HOA is obligated to repair, replace and in some cases "maintain"

We're concrete & steel construction and I assume yours are wood or partially wood?

CathyA3 (Ohio)
Posts: 6,299

Posted:

Read your CC&Rs (that thick wad of paper you received when you bought your condo).

There should be sections that define Unit, Common Elements, and Limited (Exclusive Use) Common Elements. There should also be a section that defines unit owner responsibilities.

As Kerry noted, balconies/decks can go either way. In my community with two-story homes, the wood decks and concrete patios are unit owner responsibility.

KerryL1 (California)
Posts: 14,550

Posted:

Sorry, may "comments" should have been "components, or reserve items.

SheliaH (Indiana)
Posts: 6,964

Posted:

Kerry, Cathy and Melissa make great points. I also wonder how long has the deck been deteriorating and if you notified the association before things got really bad, some documents may state if the damage was due to the abuse or negligence of the owner, he or she might be held responsible for repairs. Look for that language as you review your documents.

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

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically in a Limited Common Element, the association is responsible for repair/replacement.

JamesJ17 (Minnesota)
Posts: 23

Posted:

Melissa,
Thanks for your input.
Jim

JamesJ17 (Minnesota)
Posts: 23

Posted:

Kerry, thanks for your input.
Jim

JamesJ17 (Minnesota)
Posts: 23

Posted:

Cathy,
Thanks for your input.
Jim

JamesJ17 (Minnesota)
Posts: 23

Posted:

Shelia,
The deck has been neglected for at least 15 years.
Thanks for your input. I will look at our rules.
Jim

JamesJ17 (Minnesota)
Posts: 23

Posted:

John,
It appears that my HOA rules are not "Minnesota Nice".
Thanks for your input!
Jim

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