Describing building additions in legal document
My condo association is revising our Master Deed. Some owners have made (or are considering) modifications to the original structures. In one section, we want to assign responsibility for maintenance, repair and replacement of certain elements of these modifications to either individual unit owners or to the condo association, depending on the scope of the modification.
Our goal is to have owners responsible for things like 3-season sunrooms that are basically tacked on to the original structures, but have the association take responsibility for more substantial renovations that are built to the standards of the original construction and become an integral part of it. Some language we’re considering follows, but I was wondering if y’all might have some better thoughts about how to describe these two types of additions. Thanks!
“Additions to a unit that are fully enclosed, insulated, and sheathed in a manner substantially and functionally equivalent to that of the original conditioned building envelope, extend that envelope, and include (or enclose?) interior spaces which are contiguous with the unit’s original conditioned space, are the Association’s responsibility to maintain, repair, and replace. “
(BTW, other language will make clear that the association responsibility is for only those elements of the building envelope that are normally covered by the association, we’re not crazy enough to cover interior elements like carpeting or painting, etc.)
Replies
As I recall the documents I worked with when on the board said, "If the unit needs to be rebuilt it will be done with the same materials as it was when initially built".
So, no, you are not getting that expensive tile you installed.
The changes you have made to the "common areas" that were board approved travel with the unit and not the original occupant when the changes were first made. So, if you sell your unit the expanded deck that was approved and you must maintain is now the burden of the new owner.