Boards and managers often face a tricky question: what happens when a homeowner wants to make an improvement that affects the common elements? Or what happens when an owner wants to make an improvement that, all things being equal, would become the maintenance obligation of the association? Whether it’s installing solar panels on a roof,Go to Newsletter
Maintenance Resources
Understanding the difference between a maintenance obligation and an insurance obligation is a crucial part of community living. Maintenance and insurance obligations differ between associations depending on how the governing documents are drafted whether the association is classified as a condominium, townhome, or single family community. It is important that an association understand the differenceGo to Newsletter
An association’s, and owners’, maintenance and insurance obligations are typically set forth in the declaration. The Declaration is also referred to as the “CC&R’s”, “Covenants”, and the “Declaration of Covenants, Conditions, and Restrictions”. But have you ever tried reading a declaration to determine who has to fix what? If so, you will probably agree thatGo to Newsletter
An association’s maintenance and insurance obligations are typically set forth in the association’s covenants. However, in many instances, simply reading the maintenance and insurance provisions of the declaration will not give boards or managers clear answers. Often times, provisions of the declaration must be cross referenced and read in conjunction, and statutes consulted, before anGo to Newsletter