The declaration of co-ownership describes the responsibility for repairs


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Dear Polyakov,

I live in a condominium and am wondering who will fix the flaws in the sliding glass doors.

Signed, BM

Dear WB,

We have discussed similar issues in the past, but your question is usually a good time to see how apartment maintenance and repairs work. The Condominium Act provides in section 718.111 (11) that the Association is responsible for securing “all parts of the condominium property originally installed or as a similar and quality exchange, in accordance with the plan. and to original specifications ”. I am. Significantly approved modifications to the property. Personal property of the owner of the unit deducted and other specially excluded property (floors, walls, ceiling coverings, appliances, cabinets, counters, window treatments, appliances, water heaters, water purifiers, etc.). All of these are the responsibility of the owner of the unit. ). In the event of damage caused by an “insurance accident” (such as fire or hurricane), the association will have to repair or replace all insured property (whether or not they have such insurance). Therefore, if the sliding glass doors are damaged by any hazard, the association is responsible for their repair or replacement.

But you describe the doors as “faulty” so I guess they weren’t damaged by an insurance accident but just needed to be fixed. The only way to answer your question in such a situation is to check the declaration of co-ownership. The statement first establishes the boundaries of the unit – and you can see that the openings in the unit (such as doors and windows) are considered part of the unit itself. It does not directly answer your question, but you may find it important when evaluating other relevant sections of the statement. Then find the section that describes apartment and owner maintenance responsibilities (usually simply titled “Maintenance”). Here the statement describes the responsibility for repair and replacement of owners of condominiums and units. All condos are different and the answer does not depend on whether the sliding door is part of the unit itself. There are situations where the association is responsible for repairing items that are part of the unit. Conversely, there are situations where the owner of the unit is responsible for repairing common items, especially the limited common items that come with the unit. Evaluating the statement is the only way to find your answer.

Currently, in rare cases, the declaration does not correspond to the repair of certain elements of the building. In this case, you may need a lawyer to help you interpret the document. Even though the Statement does not explicitly address sliding glass doors, it may be necessary to build a discussion based on unit limits and other repair responsibilities described.

Dear Polyakov,

I live in a residential community of 1600 managed by HOA. Compulsory club membership is part of the owners association. In the past, the board where clubs make decisions was closed. The fine grievance committee was also closed. Do I have to hold all the meetings due to the merger?

Signature, JH

Dear JH,

From what you explained, you now have two separate but related companies. A homeowners association that governs the housing community. And a non-profit country club (maybe all of your owners are mandatory members). Your community association and club are considering a merger. There are many benefits to such a merger, including the significant savings on club membership fees (club membership fees are subject to sales tax, but community association fees are not). Club assets become HOA assets and their value is spread over 1,600 households, so communities can also save money by sharing administrative, insurance and property tax savings () Many of these benefit savings) our homes and home laws).

Almost certainly, HOA will be an entity that survives the merger. Club assets are currently owned by HOA and can be presented as a recreation area with separate membership fees based on usage rights. However, this also means that the entire community, including clubs, is subject to HOA law. Section 720.303 states that members are entitled to attend all HOA board meetings and that meetings must be notified at least 48 hours in advance. The rules of public assembly also apply to committees or similar bodies when final decisions about the spending of funds are made and when architectural control decisions are made. However, unless the statutes have other requirements, these are the only committee meetings that should be open.

Therefore, HOA board meetings are held even though they are related to club business, but the board may also establish a committee that specializes in club-related decisions, and club meetings. institution remain closed. Maybe Also, since the HOA does not need to hold a grievance board, the club grievance meeting will likely remain closed.

Backer Aboud Poliakoff & Foelster, LLP Partner, Ryan Poliakoff is a Certified Specialist in Condominium Law and Planning and Development Law. This column is dedicated to the memory of Gary Polyakov, pioneer and tireless supporter of the community association legal industry and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods – The Consumer’s Guide to Condominium, Co-Op and HOA Living. Send your question to [email protected] Make sure to include your location.

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