What good are the Bilaws and Declarations

Our condo complex is aging and not gracefully. The association is run my board members who have been in place for decades and have failed to keep up with capital improvements. Throughout the years, repairs to the boat dock structure, stair towers and stair landings have been treated as CE. Any repairs to these areas have been paid by the association. The declarations specifically identify the docks as "common elements without limitations." Also, an attachment to the declarations specifically addresses the stair landings leading to the unit door as "common elements for use of all owners of units in the condominium."

The board is now charging owners routine repairs to the structure of the dock. In addition, repairs to the deck boards leading to the unit's entry door are being charged to the respective unit owner. Owners already pay an assessment to cover repairs to these areas. Certainly I understand the board has discretion to charge the owners for repairs to both CE and LCE. My question is when the declarations specifically identifies a particular area as a common element, is the board treating this area as a LCE changing the declarations without a vote by owners?

The declaration usually establishes the rules and responsibilities of the HOA and its members. The BYLAWS dictate how the community is to be run, e.g. number of board members, terms, etc., and the Covenants, Conditions, and Restrictions (CCRs) dictate how the common areas are to be used.

When you say commom areas without limitations, it should mean all residents have access to them like the docks, so routine and major repairs and replacement should be covered by the assessments you pay.
Part of your assessments should be deposited into a reserve fund to take care of future major replacement, like the entire dock being rebuilt. Limited common areas are shared spaces that are used by some, but not all residents - in your community, that could be the deck boards that lead to your door. Exclusive areas in a homeowners association would be parts of the common area that's reserved for specific homeowners, such as a porch. You and the association would share in paying for limited common elements, while exclusive areas would be your responsibility

It could be some clarification is needed regarding responsibility for the deck boards, so it's best to ask the board for an opinion from the association attorney or have your attorney review your documents. We haven't seen your documents, and most of us aren't attorneys anyway or live in your state. Going to the internet with legal questions on specific issues isn't always a good idea.

For what it's worth, here's one person's opinion. In the end, you'll pay for deck board replacement, either directly (if you confirm this is an individual homeowner responsibility) or indirectly, as it's a common area. I suspect your assessments are the real problem because they haven't kept up with inflation. Consider what's happened in your community over the years - has the amount kept up with inflation, meaning it should have been increased depending on increasing costs of maintenance and replacement, insurance, etc.? When was the last time you looked at the budget and the income/expense reports to see what line items have increased in a big way over the last 3-5 years? Has the board explained to the community why those items have increased? Have you ever asked them?

Do you have a reserve fund? If so, when was the last time you did a reserve study - if it's been longer than 5 years, it's time for another. Did the board present the study results to the community and is it being used to help prepare the budget Is the association complying with the study recommendations?

You say your board has run things for decades and hasn't kept up with improvements - that's another problem which the HOMEOWNERS, including you, have created, because no one's held them accountable regarding repair needs. Be honest - was there talk of an assessment increase and everyone howled like banshees because that would make them "too high?" I continue to be amazed at people who seem to think this stuff will last forever, despite exposure to wind, snow, rain, regular use (and maybe misuse and abuse by some). If the board isn't doing the job, they should be voted out, but others, including you, would have to replace them - any takers? If not, this will continue.

Your declaration probably states WHO is responsible for maintenance, repair, & replacements of the LCEs. There could be in an Article titled Improvements Look for something like this in your declaration, Walter:

"ARTICLE 8 IMPROVEMENTS........
8.1. MAINTENANCE OBLIGATIONS OF OWNERS
8.2. MAINTENANCE OBLIGATIONS OF ASSOCIATION
8.3. FAILURE TO MAINTAIN..
8.4. INSPECTIONS......

Nowadays, declarations usually have a Maintenance Matrix, or similar, which identifies responsibility for every CE &. LCE. Why CE, when it's available to all Owners? (not less than all). Because often Owners do not know what is LCE or CE in condo buildings.

Our unit front doors, for instance. The exterior of it, in a interior hallway, is the HOA's obligation to maintain & repair, and there are rules about it.

Shelia thank you for your comments. I chuckled as I read your reply because so much is true. I did step up and was elected to the board in 2023. Others I try to recruit only laugh and don't want the headaches. Board members run unopposed so there is no turn over. The others vote lock step with each other. I have made significant progress in making capital improvements throughout the complex. Unfortunately it is met with great resistance until I wear them down. I am shut down immediately when I bring up reserve study, assessment increases etc. The reserve account is sacred to them and they refuse to spend any money from it. Instead, all capital projects are budgeted out of the operational account. Once that money is obligated all projects stop for the year. I can't even get them to use the reserve account as a bank to "loan" money to address our cash flow problem early in the year. Now, even when the declarations specify an area as a CE, they choose to pass the expenditure onto the owners. Our declarations state repairs to CE's are paid from the common fund yet this does not hold true. I believe they are going against the declarations without owners vote to change the declarations. Thanks for the input. W

Cathy wrote: "I'd guess that the vast majority of condo owners haven't read these documents - at least not in their entirety. I'd bet good money that few condo owners could pass a test on the contents of the documents, and that includes the board members."

Based on 14 years board experience with over 30 directors (7-members Board), I'd say Cathy is right.