condo balcony decks

Responsibility for Repairs on a Condo Balcony Deck

You might have been wondering if your balcony decks should be repaired or remodeled, who is going to be responsible for it. Perhaps this is a question that many citizens are not aware of the answer.




The Owner or the Association?


Generally, it is important to note that when the property is within the separate interest that belongs to the homeowner, then it is his or her responsibility. However, when the balcony decks are within the common are property, then it should be within the responsibility of the association.


In other words, if your drainpipe from the sink leaks, then it is your responsibility. Nevertheless, when the pool heater breaks down, then it is the association that will be responsible for it.




Hybrid Elements


You may also consider a more ambiguous issue that involves hybrid elements of the complex. These are known as exclusive use common areas, wherein they are outside of the airspace that defines the separate interest of the homeowner. The homeowners are the ones who can benefit from these and may only be used by a particular homeowner. Such would include balconies, garages, and patios, among others.




Assembly Bill 968


Assembly Bill 968 was introduced in order to clarify the declaration of the common interest and the separate interest development. So the association will be responsible for any repairs in the common interest development. On the other hand, the owner will be responsible for the maintenance of the separate interest and any exclusive use common area belonging to the separate interest.




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