Cutting back on the Association's responsibilities?

We are a small townhome condominium association in Colorado. Historically, our association has been responsible for the maintenance & replacement of the unit's windows, porch, steps (2/unit)and the driveway into the unit's garage from the association's privately owned asphalt drive. The driveway into the individual unit garages is approximately 10 feet. The flooring inside the garage is the owners responsibility.

The BOD is considering ways to cut the association's costs and is looking at turning the responsibility for the windows back to the owners. In addition, they propose to turn the responsibility for the maintenance and replacement of the porch, steps and short driveway back to the owners.

I would appreciate input from townhome (duplex) associations as to their coverage of windows, porches, steps and driveways. Who is responsible for this--association or owner?

Thank you Mary for the response. These items are spelled out in the Declaration as the association's responsibility and the members would need to approve all changes; however, I am just trying to research if porches, steps and short driveways such I have described are "usually" the responsiblity of the owners, or the association.

Please note that the association is responsible for the private drive through the association property.

BW,
Well I live in a condo and as far as being well versed, that is not my strong suit.

BW, you seem to have it pretty well pegged. The Board is looking for way to cut expenses and one of the most popular is to turn the windows over to the owners. Then, it sorts of goes from there. Yes, the charge can be made and it is not uncommon. I am sure some assoc cover it with covenant changes, some jus t do it until they are questioned about it. It would be impossible for us to pass judgement on a Board judgement call about the drive ways, etc. And that is good because you all are the one effected, you all need to contribute your views, if fact, you are obligated to contribute. I understand it is an automatic to start doing, Can they do this scenerio? Well, find out, but first find out why and discuss the issue from all sides, it don't have to be, they can't or should not do this. If you think this is tough to settle, wait till you run across this when the Board is run by a bunch of dictators. The problem is the same but resolving it just follows a different path. I might suggest you pick one board member that you at least can approach and have a talk.

Whether or not the association can turn these responsibilities back to the homeowners, I would really have to question why? I know BW said that the Board wants to cut the associations costs, but I think just looking at the association's bottom line is taking a pretty narrow view of things.

The association is made up of the homeowners, and gets its funds from the homeowners. If the association keeps the responsibility of maintaining these items, they may have to raise dues in order to cover the costs, so homeowners will have to pay more. If the association does turn over the responsibility to the homeowners, then the homeowners will have to cover the costs themselves, and will have to pay more. Either way the homeowners will ultimately have to cover the costs.

But if the association keeps the responsibility for the maintenance, then they would probably be in a better position to negotiate a better price, so overall the homeowners would save money. Plus the work would be more likely to be done in a consistent and timely manner.

IMHO, I think it would be better for all for the association to look at the bigger picture and keep the responsibility for these items.

Dwight, I agree with this assessment. The association may well be in a better position to negotiate better prices on things from windows to concrete work, etc., whereas the homeowners would end up having to locate the best price for themselves. For some that might mean still attending to "quality," and making sure they are still within design/ARC specs, while for others, hmmm... not so much. The Quality and "compliance" may begin to suffer once the "responsibility" goes individual.

Plus, even though raising the assessments would probably be required, it is still spread out over ALL the homeowners and divided up. So even those homeowners who will NEED replacements end up with a more cost-effective scenario.

So the association will get its needed funds with the assessment increase, the cost of the materials and labor can be better managed (bid out, negotiated for best price for everyone) AND the materials and such remain in compliance more effectively.

Hi BW – As others have advised, check your docs/laws. I live in a townhome style condo.

In IL these responsibilities are spelled out in the IL Condo Act, our Declaration, and R & Rs. Our original R & Rs had been written to be more specific, identifying the HOA as responsible for several items considered exclusive use limited common elements (IL law & Declaration allows some discretion to BOD, per my understanding). A few years ago, to save on rising HOA costs, the BOD made a change and identified most of the exclusive use limited common elements as HO responsibility rather than HOA. This did not require a change to our Declaration as the language there allows BOD flexibility to develop policy on this (my understanding from our attorney). Was considered a clarification of the Declaration and R & Rs (cover letter to HOs stated this).

Changes:
HO new responsibility: front stoop/steps/porch, front walkway leading to front stoop, patios, decks, skylights.

Unchanged:
HO has always been responsible for patio/deck doors, windows, garage door.

HOA has always been responsible for asphalt driveways & concrete apron, front door, sidewalks.

This list is not exhaustive and a total list of all elements (common, limited, & exclusive use limited) identifying responsibility and cited to IL Condo Act was prepared by our attorney for review and approval by the BOD, and sent to HOs.

BTW – Dwight (and Michele and Bruce), your reasoning is exactly why we (BOD) originally made decision that HOA would be responsible for patios, decks, driveways, front stoop/porch/steps, front walkways, skylights. These items have been covered in our Reserve Study and reserve fund. A different BOD made the change (“clarification”) shifting responsibility back to the HO. They did this to save on rising HOA fees (at time we were about 12 years old and began seeing an increase in needed maintenance/replacement). Another Reserve Study was done, excluding these items which resulted in less $ being needed in reserve fund.

Of course, one outcome I have observed is that HOs (in general) do not keep these elements maintained, until the BOD brings it to their attention via a reminder or violation letter.

I hope this helps.
Bonnie

Bonnie, I didn't mispell your name - just fat fingers. Sorry.