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SarahM9 (Massachusetts)
Posts: 3
Posted:
I own a second floor condo that has a roofdeck that sits on top of the unit below us. However, their roof needs to be repaired which means that our deck needs to be completely removed and rebuilt.

Typically, how would this be covered? Who pays for what?

Thanks!
CathyA3 (Ohio)
Posts: 6,299
Posted:
You need to read your governing documents - specifically the sections that define Common Elements, Limited/Exclusive Use Common Elements, and Unit. Then you need to read the sections that define Association responsibility and Unit Owner responsibility. These will tell you who is responsible for maintaining the decks.

Decks are usually defined as Limited Common Elements, meaning they're for the exclusive use of the owner of the unit to which they're attached. But different communities handle maintenance responsibilities differently. In some communities the association maintains the decks, and in others the unit owners do. What matters to you is what your particular community does.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CathyA3 on 04/19/2025 11:43 AM
You need to read your governing documents - specifically the sections that define Common Elements, Limited/Exclusive Use Common Elements, and Unit. Then you need to read the sections that define Association responsibility and Unit Owner responsibility. These will tell you who is responsible for maintaining the decks.

Decks are usually defined as Limited Common Elements, meaning they're for the exclusive use of the owner of the unit to which they're attached. But different communities handle maintenance responsibilities differently. In some communities the association maintains the decks, and in others the unit owners do. What matters to you is what your particular community does.

Adding to the above, check your governing documents to see what they say about the roofs. I assume they're association responsibility, which is the norm in condos. And also see if there is anything that addresses a roof deck (separate from regular decks and balconies). This is an uncommon situation, so I can't begin to guess if the association would replace the roof deck along with the roof. It may if the roof deck is its own thing and not defined as a Limited Common Elements.

(Why do developers do stuff like this?)

KerryL1 (California)
Posts: 14,550
Posted:
With Cathy, Our CC&Rs also have two Artices:
MAINTENANCE OBLIGATIONS OF ASSOCIATION. & MAINTENANCE OBLIGATIONS OF OWNERS.

Another place to look is in your HOA's reserve study. Anything that is the HOA's obligation to repair or replace SHOULD be in listed in the study if done correctly and your HOA has such a study.

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