Unit Owner Must Pay to Repair Balcony

QUESTION: Our condominium association is debating the responsibility of the owners whose balconies are in need of repair. The balconies are called “exclusive use common areas.”

Is the association responsible for repair of the balconies? How is an area clearly designated as “exclusive use common area”?

ANSWER: In California, exclusive use common area is defined in the Civil Code, Section 1351 as “a portion of the common areas designated for the exclusive use of one or more, but fewer than all, of the owners of the separate interests (units).” Exclusive use common areas can be patios, balconies, garage stalls, for example.

The maintenance responsibility is clearly stated in Section 3151 and Section 1364. Unless the association’s declaration states otherwise, the unit owner is responsible for the maintenance of the exclusive use common area connected to the unit.

If your association’s declaration is unclear about the designation of exclusive use common area, then consult the condominium plan, a legal document that includes a three-dimensional description of the project’s common areas and separate interests (units) in detail.

In states other than California, the common area of a project is often called the common elements. Limited common elements are those areas designated for the private use and enjoyment of the individual unit owners. In many states, limited common elements are the maintenance responsibility of the association, even though they are used exclusively by the individual unit owners. Readers who own property in community associations in other states should be aware of these variances from one state to another.

Path to Presidency Leads From Board

Q: I want to start a vigorous campaign so that I can be elected president of my homeowners association. I am not interested in holding any office other than president. Our board needs a change in leadership, and I believe that my being president is the only way that change will happen.

One of the people who is currently serving on the board of directors told me that a person must first be elected as a director. Please explain the election process.

A: At the annual meeting, the members elect the individuals who will serve as the board of directors. The officers of the board are not elected by the membership as a whole. The board of directors elects its own officers at the first board meeting following the annual membership meeting.

Usually, a detailed explanation of the election process can be found in your association’s bylaws. If you are planning on running for the board of directors you will want to thoroughly read all of the legal documents. The board is responsible for abiding by and enforcing these documents.

Special Assessment Meets Specific Need

Q: I am a condominium owner. Please explain your usage of the word “assessment” in your column. Is the assessment the monthly maintenance fee? What is a special assessment?

A: In most community associations, owners share the cost of operating their building or complex by paying a monthly maintenance fee, which is called the regular assessment in the California Civil Code.

A special assessment is a specific amount that is charged in addition to the regular assessment. If the association does not have adequate money to pay for major repairs, the board may determine that a special assessment is needed. In California, a special assessment that is greater than 5% of the regular assessment must be voted on by the owners. Sometimes a special assessment is large enough that the owners need to spread the payments out over a few months rather than paying it in one large payment.

The third type of assessment is an emergency assessment to pay for an unexpected expense that requires immediate attention. For instance, the recent rains have caused some associations to levy emergency assessments for roof repairs. Any emergency situation that is a threat to personal safety would be adequate reason for an emergency assessment.