Any planned community must maintain its value, and regular maintenance is imperative. However, sometimes it can be difficult to determine who is responsible for repair work in areas just outside of a home. Below are quick general guidelines that help outline who takes care of what in terms of home upkeep within the community.
How Spaces Are Divided In An HOA
A unit is a portion of an apartment that is privately owned by the homeowner(s). Other than the airspace and paint on the walls within the unit, unless stated otherwise in the association’s declaration documents, the unit typically consists of the floors, ceilings, and walls. With a townhouse community, this term typically extends to the individual piece of land that is surrounding each unit individually and other structures within it.
Community spaces are known as the common areas in the unit, in which the owners have an equal share. This includes things like a communal gym, pool, landscaping, clubhouse, and roof. A limited common area, as well as a unique feature such as a patio or balcony, is only accessible to a few members of the community. These common areas are typically located on the boundary of the unit.
Who Is Responsible For What?
Unit owners are responsible for maintaining their own separate interests, while homeowners associations handle the maintenance of shared common areas. Limited common areas are shared between homeowners associations and unit owners. An example of this would be two unit owners sharing the same balcony, in this case, they would both be deemed responsible for ensuring its regular maintenance and painting upkeep.
The HOA has an obligation to inspect all general and limited common areas on regular bases, regardless – to ensure they are being well maintained.
State regulations usually indicate how maintenance responsibilities are divided in the community. If not, turn to the HOA’s governing documents; including the Declaration, Covenants, Conditions, and Restrictions (CC&Rs). These documents should state who handles the maintenance of common areas, limited common areas, and aspects of the individual units.
Maintenance responsibilities in a community are usually defined by state regulations. If not, consult the HOA’s governing documents, such as the Declaration, Covenants, Conditions, and Restrictions (CC&Rs). Individual units, limited common areas, and the maintenance of common areas should be specified in these documents.
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