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(All documents are in PDF format.)
To All Unit Owners:
As is evident by the communication below from Unit 1225-C, there is a misunderstanding of maintenance responsibilities for Limited Common Element terraces/balcony appurtenant to a unit. The Board has responded to owners of 1225-C in a separate e-mail, but wanted to share the following with the Association:
The Bylaws of the Association clearly enumerate maintenance and repair responsibilities for Limited Common Elements. The specific provision is Article VI, Section 1(b)(2) of the Bylaws, which states:
"Each Unit Owner shall perform normal maintenance to any Limited Common Element appurtenant to such Unit Owner's Unit..."
Based on this language, responsibility for regular maintenance of a Limited Common Element terrace/balcony is placed on the unit owner with use of the area and not the Association. Regular maintenance in this context includes not only cleaning, but also protecting and sealing the terrace/balcony surface on a regular basis.
We ask that each affected unit owner review this matter and ensure that he or she undertakes the necessary Limited Common Element maintenance as set forth above. Any damage occurring because of a unit owner's failure to maintain a Limited Common Element will be the responsibility of the unit owner.
Finally, please note that Limited Common Element parking spaces are addressed separately in the Bylaws and, therefore, are excluded from the maintenance responsibility addressed above.
Please let us know if you have any additional questions in this regard.
Guy Ben-Ari
Tom Wehr
Christina West
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