Decrepit Dangerous Balcony HOA refuses to repair or replace
My balcony has been dangerous (no one can walk on it) for 4 years and the HOA refuses to fix it despite that it is their responsibility (per CCNR’s). My mortgage and HOA fees are ALWAYS paid on time and yet they refuse to fulfill their obligations. I have never asked anything else of them. I realize that a lawsuit will probably be the only resort left. How can AZ agencies and government allow bad HOA’s and management companies to exist like this?
BTW-my first attempt at a comment got cut short mid-stream, not sure why so feel free to delete that one.
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Suzanne,
Get a contractor to look at the balcony and make an assessment of its safety and then report the association to the city code enforcement officer and ask that an inspector be sent out to evaluate the balcony. They have the power to fine the association for violations of the building safety codes. If none of this works, this is your balcony and if you want to use it then get it fixed and send the association the bill. If they refuse to pay then take them to small claims court along with a copy of the CC&R’s and provide them all the written correspondence that you have provided the board over the years along with the clear provisions of the CC&R’s that show their responsibility for the maintenance of the limited common area, and you will win that case. You have to make sure that your CC&R’s do not have a provision in them that states that you are responsible to maintain the limited common area assigned to you.
Dennis