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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

  1. DennisL

    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

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