I need feedback on a condo project and the role of the HOA

Started by ByronG1 • 3 replies • 1114 views

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ByronG1 (California)
Posts: 2

Posted:

Hi,

Thank you for reading my post.

I live in a duplex. Both units are condos. The HOA dues are currently $250 a month.

The couple in the upstairs unit want to dismantle and take apart the metal fire escape on the outside of the building and replace with a brand new wood fire escape that includes decks for both units.

Can the HOA dues contribute to this expenditure?

The couple in the upstairs unit told me that they don't feel or believe that the HOA should contribute to this project.

Why can't HOA dues contribute to this expenditure? Doesn't this quality as "replacement" which is listed as one of the reasons for using HOA dues in our declaration of covenance?

I appreciate any feedback from those familiar with this type of situation.

Thanks!

GrahamO (Ontario)
Posts: 55

Posted:

Byron -- Your association, as all associations should, will have a document that describes (and probably lists) its "common property". These components are the responsibility of the unit owners as a whole and their repair and replacement costs are paid for from a reserve fund, usually. It's almost certain, I think, that the fire escapes on the outside of the units. would be common propertry.

Second point. Individual unit owners cannot undertake to repair, replace or alter common property. There must be a vote either by just the Board, or perhaps by the unit owners -- (read your by-laws to find out) -- to decide whether particular alterations may be made.

GordonD1 (California)
Posts: 131

Posted:

Byron:

You definitely need to report this to your HOA so the board of directors be aware. It seems that the upstairs homeowners are
about to do something that needs approval.

If you do this right you may get the HOA to pay for some of the cost.

Good Luck,

ByronG1 (California)
Posts: 2

Posted:

Thank you very much for your feedback and comments. This has helped me.

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