Maintenance and Repair Issues
Most older sets of CC&Rs provide very little guidance with respect to maintenance and repairs of the project. Guidance is especially important for condominiums, where the division between common area, unit, and exclusive use common area may not be clear. Whether an owner or the association is responsible for a particular element can be a frequent source of dispute.
CC&Rs can be amended to add a list or chart of the project's specific components and details on whether the association or the owner is responsible to replace, repair, maintain, paint, or waterproof that particular component. It is also advisable to have a CC&R provision clearly stating who is responsible to repair interior unit damage caused by an unexpected failure of a common area element, such as the roof or plumbing, where the association was not negligent.
If a CC&R amendment is not advisable or possible, a maintenance and repair policy containing the same information, in conformity with the CC&Rs and California law, can be adopted by the Board.
Some specific components that should be covered in a maintenance policy or CC&R amendment are:
- Pipes or drain lines exclusively servicing a unit but located in the wall
- Electrical wiring inside the walls but exclusively servicing a unit
- Window frames
- Glass panes
- Sliding glass door thresholds and tracks
- Waterproofing of balconies or patios
- Heating and air conditioning equipment servicing one unit but located on the roof, and all related lines and equipment
For more information, please call us at 818-891-9504 or contact us online.