|Re: Exterior modifications||<– Date –> <– Thread –>|
|From: S. Kashdan (s_kashdanhotmail.com)|
|Date: Mon, 17 Feb 2014 07:41:39 -0800 (PST)|
Diana, Here at Jackson Place Cohousing, in Seattle, Washington, we are also legally organized as a condominium. So, I have learnt how important it is to have obligations that we want to be legally binding over time to be written into our condo docs, such as our declaration and bylaws. If the obligation of homeowners to be legally liable for maintenance of modifications of their homes that extend into common areas is not already clearly stated in your condo declaration and possibly your bylaws, I think you need to get a lawyer to help clearly state it there. I think that is the only way you can be at all sure that a new homeowner is bound by such an obligation, or have any recourse if the new homeowner doesn't want to be bound by it. Cohousingly, Sylvie Sylvie Kashdan Community Outreach Liaison Jackson Place Cohousing 800 Hiawatha Place South Seattle, WA 98144 www.seattlecohousing.org info [at] jacksonplacecohousing.org ----- Original Message ----- From: "Diana Carroll" <dianaecarroll [at] gmail.com> To: "Cohousing-L" <cohousing-l [at] cohousing.org> Sent: Monday, February 17, 2014 6:29 AM Subject: [C-L]_ Exterior modifications Hey all, has anyone dealt with this situation? We are structured as a condominium in which individual homeowners own their walls inward, and the studs out are common property. We want to allow owners to make exterior modifications to their buildings, such as decks, ramps, skylights, etc. But we want the homeowner, not the community, to be responsible for the maintenance of the structure, as well as to assume liability for any issues the modification may cause...e.g. damage to exterior walls from a leaking skylight, someone getting injured on an poorly maintained deck, etc. We've had this policy in place all along, and it is not controversial, but until just recently no one has actually done anything with it. Now we have our first request, so we need to figure out how to make it happen. As a trustee my concern is primarily with what happens when the current owner sells and a new owner moves in. I want to make sure that they remain legally liable for maintenance of the modification that extends into common area. So, has anyone else solved this? In the case of a ramp or deck or other projection into common space I was wondering if perhaps an easement is the right solution. But what about a sky light or similar? Note our question isn't about policy...we have already consensed on the principle...but about legal implementation. Thanks for any insight. Diana for Mosaic Commons in central MA _________________________________________________________________ Cohousing-L mailing list -- Unsubscribe, archives and other info at: http://www.cohousing.org/cohousing-L/
- Exterior modifications Diana Carroll, February 17 2014
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