The Grey Line Between Associations and Homeowners By Chuck Krumrie, CMCA, Urbanwood, Inc.
S
an Jose, California — Townhouse owner installs solar panels on his roof. He notes other units with panels and obtains approval from the gas and electric utilities. All fine and good; except that his homeowners association wasn’t consulted. Thus, the association says: “Sorry Mr. Homeowner, you have to take them down, pay for the roof damage and pay a fine.” I’m not an attorney (much less a California attorney), so I can’t speak to the particulars of this story. However, even I can see the breach of common sense here. Why didn’t you check with the association? Okay, this example was obvious because a roof was involved. Do you really need to clear your carpeting and living room paint choices with the association? Not unless your association is way beyond typical. How about plumbing work? Well, if it involves someone’s home other than yours, quite possibly. How about remodeling that involves relocating walls? Depends on which walls and what your association says about them. You can see the big fat gray line here. I always say that it’s better to ask a silly question than to make a silly assumption. The old real estate sales maxim “if it’s inside, it’s yours—if it’s outside, it’s the association’s” is correct in a very general sense. (In a very general sense, a defining characteristic of mammals is live birth. Then there is the platypus.) As general maxims go, it’s fair to say that you can do what you want in your home so long as it doesn’t interfere with other people’s homes. And lest you think this to be the definitive statement, allow me to muddy the water. What about loud(er) music, smoking or cooking odors? Running parallel to who is entitled to do what is the distinction of who takes care of what. “The association takes care of it, right?” If I had a dime for every time I’ve been asked that question… “It” may be outside the boundaries of the unit but it may be what is known as a limited commons element. Most governing documents distinguish between UNIT (yours) and COMMONS (association) property. Limited commons property is the association’s to maintain, repair and replace. However as the modifier Limited suggests, the property (aka element) serves less than all units. Less than all can mean one, as in your patio. The cost for maintenance, repair or replacement of limited commons property can Continued on page 18
16
Minnesota Communit y Living