How to Determine Maintenance Responsibility in HOAs
wmdouglasgreenville.com
HOAS AND CONDOS MAINTENANCE Condos and HOAs are communities comprised of common areas and private properties. Therefore, sometimes there is a fine line between the ownership and the community. Also, the regular maintenance of any residential complex is imperative to preserve the value of each property. In this sense, it is crucial to raise awareness of the owner’s maintenance responsibilities as a unit owner.
One of the most common problems in HOAs and Condos is to define the areas. This question has no easy answers and often result in heated discussions among owners and board members. First, it is necessary to look at the HOA’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These documents establish these definitions (common areas, exclusive use common areas, or a separate interest). These provisions are different when it comes to defining areas in Condos and HOAs. CC&Rs also explain who owns and maintains the different areas of the community, as well as the owner’s maintenance responsibilities.
AREAS IN AN HOA COMMUNITY / UNITS It is must be highlighted that HOA communities have three types of areas: separate interests, common areas, and limited common areas. The first ones, called separate interests, are the individual units, and homeowners must carry out their maintenance. In a condominium building, separated interests include floors, unfinished walls, ceilings, and all the airspace of each unit.
SHARED SPACES
The second type is the common areas that include the shared spaces that members can use without consultation (swimming pools, playgrounds, and others).
LIMITED COMMON AREAS The third group is the limited common areas that are restricted for exclusive use. These spaces are outside the boundaries of any particular unit but are used by only one o a few of the members of the residential community. In this case, the homeowner and the HOA share the responsibility for the maintenance of limited common areas.
The maintenance and repairs in common areas are the responsibility of the association. These responsibilities must be clearly outlined within the provisions of an association’s declaration (CC&Rs). In the same way, the North Carolina General Statutes Chapter 47F (North Carolina Planned Community Act § 47F-3-102) establishes that HOAs must “regulate the use, maintenance, repair, replacement, and modification of common elements,” as well as “impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than the limited common elements and for services provided to lot owners.”
wmdouglasgreenville.com