I live in a condominium and am wondering who will repair the flaws in the sliding glass doors.
We’ve discussed similar issues in the past, but your question is generally a good time to see how apartment maintenance and repairs work. The Condominium Act provides in Section 718.111 (11) that the Association is responsible for guaranteeing “all parts of the condominium property originally installed or as a similar and quality exchange, in accordance with the original plan and specifications”. I am. Significantly approved changes to the property. Deducted unit owner’s personal property and other specially excluded property (floors, walls, ceiling coverings, appliances, cabinets, countertops, window treatments, appliances, water heaters, water purifiers, etc.) thing. These are all the responsibility of the unit owner. ). In the event of damage caused by an “insurance accident” (such as a fire or hurricane), the association will need to repair or replace all insured properties (whether or not they actually have such insurance). Therefore, if the sliding glass doors are damaged by danger, the association is responsible for repairing or replacing them.
But you describe the doors as “defective,” so I’m guessing they weren’t damaged by an insurance accident, but simply need repair. The only way to answer your question in such a situation is to check the condominium declaration. The declaration first establishes the boundaries of the unit — and you may find that openings to the unit (such as doors and windows) are considered part of the unit itself. It doesn’t answer your question directly, but you may find it important when evaluating other relevant sections of the declaration. Then find the section that describes the maintenance responsibilities of the apartment and the owner (usually simply labeled “Maintenance”). Here, the Declaration outlines the responsibility for repair and replacement of condominium and unit owners. All condos are different and the answer does not depend on whether the sliding door is part of the unit itself. There are situations where the association is responsible for repairing elements that are part of the unit. Conversely, there are situations where the unit owner is responsible for repairing common elements, especially the limited common elements that accompany the unit. Evaluating the declaration is the only way to find your answer.
Currently, in rare cases, the declaration does not correspond to the repair of certain elements of the building. In that case, you may need a lawyer to assist you in interpreting the document. Even if the Declaration does not explicitly deal with sliding glass doors, it may be necessary to build a discussion based on unit boundaries and other described repair responsibilities.
I live in a 1,600 residential community managed by HOA. The mandatory membership club is integrated into the Homeowners Association. In the past, the board of directors that clubs make decisions was closed. The fined grievance committee has also been closed. Do I need to hold all meetings due to the merger?
From what you explained, you now have two separate but related companies. A homeowner association that governs the housing community. And a non-profit country club (perhaps all your owners are compulsory members). Your community association and club are planning a merger. There are many benefits to such a merger, most notably the significant savings in club membership fees (club membership fees are subject to sales tax, but community association fees are not). The club’s assets become HOA assets and their value is spread across 1,600 homes, so communities can also realize savings by sharing administrative, insurance and property tax savings () Many of them benefit from savings) our homes and home laws).
Almost certainly, HOA will be an entity that will survive the merger. Club assets are currently owned by HOA and may be portrayed as a recreation area with a separate membership fee based on usage rights. However, that also means that the entire community, including clubs, is subject to HOA law. Section 720.303 stipulates that members have the right to attend all meetings of the HOA Board and that meetings must be notified at least 48 hours in advance. The rules of the public meeting also apply to committees or similar bodies when final decisions regarding the expenditure of funds are made and when architectural control decisions are made. However, unless the Articles of Incorporation have other requirements, these are the only committee meetings that need to be open.
Therefore, HOA board meetings are held even if they are related to the club’s business, but the board may also establish a committee specializing in club-related decisions, and the institution’s meetings remain closed. Can be Also, since the HOA does not need to hold a grievance committee, the club’s grievance meeting will probably remain closed.
Backer Aboud Poliakoff & Foelster, a partner of LLP, Ryan Poliakoff is a board-certified specialist in condominium and planning and development law. This column is dedicated to the memory of Gary Polyakov, a pioneer and tireless supporter of the community association’s legal industry and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.Email your question firstname.lastname@example.org.. Be sure to include your location.
Condo Declaration outlines repair liability
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