Perimeter Walls/Common Area
Townhome Community: HOA refusing to accept their responsibility of maintenance on the perimeter walls that abuts Common Area/Lots. Homeowners maintain everything upon their lots. CC&R’s clearly state Association maintains Common Areas. They quoted a section that indicates, ‘Portions of a lot and upon a lot” and states this means “exterior side of the wall that faces common area”. They admit they maintain the paint but not the repairs. In my eyes, when one maintains paint, one has to make repairs first”.
NOTE; The Plat clearly states, “The homeowner’s association maintains the common areas and the subdivisions perimeter walls”.
Any suggestions would be appreciated! Thinking of filing a petition with the Dept of Real Estate.
4 Responses
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Carolyn,
As you point out maintenance responsibility is all inclusive and can never be limited to paint alone. The Plat is as mush part of the CC&R’s as any text in that document. The association has no right to ignore their obligation to maintain the common property,
Dennis
Dennis
No email. I had changed my email to azhoatruth@gmail.com on my profile but this response went to the old email. is that the problem? I had routed this e-mail in outlook to the azhoatruth@gmail.com account and that may not be working, causing the notification problem but does not answer what is happening with the approval of my comments?
Thank you Dennis
You are welcome any time.