Cohousing-L Mailing List: Re: Limited Common Elements and HOA Dues

[Dave and Diane (daveanddee]

Hi Ann,
Here are the relevant sections from our master deed and bylaws.
I hope this is helpful!

--Diane Simpson(:^]
MARKETING FACILITATOR
JP COHOUSING  617-522-2209
P.O. BOX 420 BOSTON MASSACHUSETTS
HTTP://WWW.JPCOHOUSING.ORG
- - - - - - - - - - - - - - - - -
MASTER DEED--JAMAICA PLAIN COHOUSING CONDOMINIUM
(b)	Exclusive Use Areas: the Site Plan reflects the existence of 
various exclusive use areas appurtenant to certain Units (hereinafter 
"Exclusive Use Areas").  Each Unit shall have appurtenant thereto the 
exclusive right and easement, exercisable subject to and in accordance 
with the provisions and requirements of this Master Deed, the 
Declaration, the By-Laws and the Rules and Regulations, to use an 
Exclusive Use Area appurtenant to such Unit as set forth below:

	For all Units, the exclusive right and easement to use the stoop, 
balcony, light well or other space to which such Unit has direct access 
(i.e., access which does not require one to pass over intervening Units 
and common areas) is shown on the Condominium Site Plan  recorded 
herewith.  The owner of a Unit having the exclusive right and easement 
to use a balcony or other space shall not overload, injure or damage 
said Area.

	An Exclusive Use Area shall not be severed from the Unit to which it 
pertains, and shall be deemed to be conveyed or encumbered with the 
Unit to which such Exclusive Use Area is appurtenant even though such 
interest is not expressly mentioned or described in such conveyance or 
other instrument.
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(c)     All Units shall be subject to the following restrictions on design:

		(i)	The exterior appearance of the Building and the Units, including 
the Exclusive Use Areas, shall be preserved without modification except 
as provided herein or in the Declaration, and to that end, without 
limiting the generality of the foregoing, unless permitted by an 
instrument in writing duly executed by the Association or as may 
otherwise be provided for in this Master Deed or the Declaration, no 
changes may be made to the exterior of the Building or the Units, and 
no addition, structure or features shall be constructed in the 
Exclusive Use Areas.
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b.	Each Unit Owner shall be required to pay a proportionate share of 
common expenses upon being assessed therefore by the Managing Board as 
is provided by this Master Deed and the Declaratio of Organization 
recorded herewith.

BYLAWS--JAMAICA PLAIN COHOUSING CONDOMINIUM
ARTICLE VII.  ASSESSMENTS

Section 7.1. Common Expenses

The Unit Owners shall be liable for common expenses and entitled to 
common profits of the Condominium in proportion to their respective 
percentages of beneficial interest as set forth in Exhibit B of the 
Master Deed. The Association may at any time distribute such common 
profits among the Unit Owners. The Association may, to the extent it 
deems advisable, set aside common funds of the Condominium as reserve 
or contingent funds, and may use the funds so set aside for reduction 
of indebtedness or any other lawful capital purpose. The funds so set 
aside shall not be deemed to be common profits available for 
distribution.

Limited common expenses shall be allocated among the Units to which 
they apply in the proportions their percentage interests bear to the 
total of their combined percentage interests.  The liability of the 
Unit Owners and the remedies of the Board shall be the same for  
limited common expenses as for general common expenses.  Because of the 
variable nature of these expenses, the Board may in its discretion 
specifically bill for them as they come due or estimate them and 
collect a fixed monthly charge therefor with periodic adjustments and 
collection (not less frequently than annually) to match the actual 
amount owned.

Unit Owners and other residents may be require work on Condominium 
common obligations in order to keep common expenses as low as 
possible..  The level and type of such work shall be agreed to by the 
Unit Owners in the same manner as the condominium budget, and their 
responsibility to deliver this work shall be enforced in the same 
manner as the monetary liabilities for common expenses.


On Saturday, October 15, 2005, at 02:17 AM, Ann Zabaldo wrote:

> Date: Fri, 14 Oct 2005 12:08:46 -0400
> From: Ann Zabaldo <zabaldo [at] earthlink.net>
> Subject: [C-L]_ Limited Common Elements and HOA Dues
>
> If you have a Limited Common Element (LCE) that is used solely by a 
> single
> homeowner to which no other unit owner has access (in this case REAR
> balconies and decks) how do you apportion the HOA dues?   Are the HOA 
> dues
> structured so the unit owner of this type of unit pays enough in their 
> dues
> to cover the cost of repair and/or replacement?  Or do you simply 
> spread the
> cost of maintenance repair and replacement throughout all unit owners
> including those which have NO exterior private space either front or 
> rear?