Thursday, July 3, 2014

ASSOCIATION COVERAGE


TO:                  Premier Place Condominium Association      

FROM:            David Rowe

DATE:            April 4, 2014

RE:                  Responsibility to Repair, Maintain and Replace Common Elements


A = Association

O = Owner


Repair
Maintain
Replace
Decoration
Electrical wiring network
A
A
A
A
Cell phone wiring network
A
A
A
A
Plumbing & heating network up to point of connection with plumbing, heating or air conditioning fixture within any unit
A
A
A
A
Furnace within unit
O
O
O
O
Air conditioning units
A
A
A
A
Toilet
O
O
O
O
Sinks
O
O
O
O
Showers
O
O
O
O
Water distribution system and sanitary sewer systems throughout project
A
A
A
A
Foundations
A
A
A
A
Unit perimeter walls
A
A
A
A
Roofs
A
A
A
A
Ceilings
A
O
A
O
Crawl spaces
A
A
A
A
Floor construction between units
A
A
A
A
Television and cable network
A
A
A
A
Interior surfaces of unit perimeter walls
A***
O
A***
O
Floors
A***
O
A***
O
Windows
A***
O
A***
O
Doors
A***
O
A***
O
Decks
A***
O
A***
O
Entryways
A***
O
A***
O
Wallpaper, if any
O
O
O
O
Kitchen cabinets
O
O
O
O
Appliances
O
O
O
O
Carpet
O
O
O
O
Tile
O
O
O
O
Window Treatments
O
O
O
O
Trim**
O
O
O
O
Lighting fixtures within unit
O
O
O
O
Garage*
A
O
A
O
Garage door
A
O
A
O
Garage door opener (built-in device)
A
O
A
O
Garage door remote controller
O
O
O
O
Interior Walls**
O
O
O
O
Furniture
O
O
O
O


*“Garage” is identified as a limited common element on Exhibit B; however, it is not identified in Article IV(A)(2), which designates the responsibilities for repair and maintenance.  Article VI(A)(1) actually designates the garage and carport as a general common element, which conflicts with Exhibit B. It is my opinion that a co-owner would be responsible for costs of decoration and maintenance as I believe the intent was to create the garages as a limited common element.  The Association should consider amending the Master Deed to resolve this conflict.

**Note: In the event there is damage to an interior wall within a co-owner’s unit or to pipes, wires, conduits, ducts or other common elements thereof or to any fixtures, equipment, and trim, which are standard items within a unit, which is covered by insurance owned by the Association, then the responsibility for reconstruction or repair shall be the responsibility of the Association.


***Note: If the repair or replacement is caused by a co-owner, then the co-owner is responsible.

1 comment:

  1. As a seller of condos in BGC, this post is a good source of information about the responsibility of the owner and association.

    ReplyDelete