This is going to be a short but important reminder regarding community association authority.  An association’s authority is almost always strongest when dealing with property owned or maintained by the association.  In my opinion, it is vitally important that associations embrace that authority rather attempt to assign or allocate responsibility to others. 

For example, some governing documents require the association to maintain and repair limited common elements but allow the association to allocate that responsibility to the owners to which the limited common element is assigned.  If such an association decides to allow a unit owner to install an HVAC unit on their limited common element deck, the board may be tempted to say… If the HVAC unit causes any damage to the deck then the owner is responsible for repair of the deck. 

A “you-break-it-you-fix-it” rule may sound good in theory but, in my opinion, association retention of exclusive authority over limited common and common element repairs is almost always preferable.  Exceptions might be made for cleaning, broken glass or other components, but keeping the responsibility centralized is generally preferable. This is especially true for components that impact the performance of the building envelope. 

A “you-break-it-you-buy-it” approach is also almost always more desirable.  By this I mean the association should retain responsibility for performing the work and instead focus on whether or not certain expenses can and/or should be allocated to specific units, rather than shared by all.  As always, the applicable law, jurisdiction, and of course the current governing documents, must be considered when analyzing an allocation of expenses.  However, allocating expenses rather than allocating the performance of any work, is almost always ideal.

Please note that not all governing documents allow associations to allocate maintenance or repair of limited common elements to unit owners.  Some governing documents exclusively assign responsibility to the owners and, unfortunately, some contain vague or conflicting provisions.  We help clients deal with these issues on a very regular basis, and the answer often depends on the specific facts involved and application of the governing documents.

The bottom line:  Associations may be tempted reduce the scope of their maintenance and repair responsibilities but the alternative, putting responsibility in the hands of multiple individual homeowners, is seldom the answer.  

This is going to be a short but important reminder regarding community association authority.  An association’s authority is almost always strongest when dealing with property owned or maintained by the association.  In my opinion, it is vitally important that associations embrace that authority rather attempt to assign or allocate responsibility to others. 

For example, some governing documents require the association to maintain and repair limited common elements but allow the association to allocate that responsibility to the owners to which the limited common element is assigned.  If such an association decides to allow a unit owner to install an HVAC unit on their limited common element deck, the board may be tempted to say… If the HVAC unit causes any damage to the deck then the owner is responsible for repair of the deck. 

A “you-break-it-you-fix-it” rule may sound good in theory but, in my opinion, association retention of exclusive authority over limited common and common element repairs is almost always preferable.  Exceptions might be made for cleaning, broken glass or other components, but keeping the responsibility centralized is generally preferable. This is especially true for components that impact the performance of the building envelope. 

A “you-break-it-you-buy-it” approach is also almost always more desirable.  By this I mean the association should retain responsibility for performing the work and instead focus on whether or not certain expenses can and/or should be allocated to specific units, rather than shared by all.  As always, the applicable law, jurisdiction, and of course the current governing documents, must be considered when analyzing an allocation of expenses.  However, allocating expenses rather than allocating the performance of any work, is almost always ideal.

Please note that not all governing documents allow associations to allocate maintenance or repair of limited common elements to unit owners.  Some governing documents exclusively assign responsibility to the owners and, unfortunately, some contain vague or conflicting provisions.  We help clients deal with these issues on a very regular basis, and the answer often depends on the specific facts involved and application of the governing documents.

The bottom line:  Associations may be tempted reduce the scope of their maintenance and repair responsibilities but the alternative, putting responsibility in the hands of multiple individual homeowners, is seldom the answer.