THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, February 24, 1996 TAG: 9602220246
SECTION: REAL ESTATE WEEKLY PAGE: 36 EDITION: FINAL
COLUMN: COMMON GROUND
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN
LENGTH: Medium: 81 lines
Q. We are having a running battle with our owners over whose responsibility it is to maintain various portions of the properties. We were told by one of our residents that they bought here so that they would not have to fix anything and that the association is responsible to provide all the maintenance.
This has gone so far as to have owners requesting that we change light bulbs. How can we determine exactly what the association is responsible for and what the owners need to do for themselves.
A. The issue over maintenance responsibility is a constant battle for every association. The only way to determine what each party is responsible for is to review the appropriate sections of the declaration.
In this document you will find the definition and description of the common elements, limited common elements and units. Each of these can be different in both scope and maintenance responsibility.
Unit - That portion of the property that is owned outright by the property owner. Generally all maintenance responsibility for these items are the unit owners. The definition of what is a unit differs from association to association. We have seen the definition such that only the paint, carpet, cabinets, etc., are the responsibility of the owner.
In other associations the definition is extended to include some exterior features, such siding as well as the interior of the unit. This could mean that an owner has to paint the exterior feature as well as the interior.
The most common definition of unit includes all the interior painted surfaces, carpets, cabinets, plumbing, heating/air-conditioning systems, non-load bearing walls, windows and doors in the unit. These items are all, generally, the responsibility of the unit owner to maintain.
Limited common element - Any portion of the association property not owned by the unit owner but reserved for as few as one but less than all the unit owners. This could be a deck, patio, stairway, parking space or even a pool or clubhouse. Again it is determined by the specific language in the declaration.
Limited common elements often require the unit owner who has use to provide routine maintenance, such as cleaning, while the association is to provide major repair and replacement. It is important that you closely review the documents on this issue as it is the area in which most of the misunderstandings occur.
Since limited common elements can be as simple as a deck or the entire exterior of a unit, the board must be sure that both the board and the owners know where the line is drawn.
Common elements - The portion of the association that is owned by all the owners in common and is held for the use of all the owners in common and is held for the use of all the owners. This is the easiest category as everything in this group is the responsibility - 100 percent - of the association.
In most cases, this includes the exterior of the building, recreational facilities, parking lots and drives, grounds and fences.
When beginning the review to determine the various categories, we suggest that you set up a chart. In the first column goes the item, i.e., deck. In the second column write who is responsible for routine maintenance such as cleaning. In the third column write who is responsible for major repairs or replacement. In the fourth column identify what type of element is it common, limited common or unit.
With this chart completed review it with the manager and legal counsel and then make sure that every owner gets a copy. We feel that is should be in the Homeowner Handbook and in every resale certificate. MEMO: G. Robert Kirkland, president of a Virginia Beach property management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community association issues and are affiliated with the Southeastern
Virginia chapter of the Community Associations Institute. Send comments
and questions to them at P.O. Box 446, Virginia Beach, Va. 23458. To
submit questions by phone, call 486-7265; by fax: 431-0410.
ILLUSTRATION: EXPO IS NIGH
Join columnists Inman and Kirkland at the CA Day Expo next Saturday
at the Holiday Inn, Newtown Road, Virginia Beach. Call Rhonda at
464-3009 for details and to register.
by CNB