Re: Exterior modifications
From: Diana Carroll (dianaecarrollgmail.com)
Date: Mon, 17 Feb 2014 07:51:26 -0800 (PST)
Thanks.  That agreement is in our condo docs, but doesn't refer to any
*specific* modifications.  (As none yet exist)

I was thinking it would be more legally enforceable to have a document for
each agreed upon modification.  I imagine 20 years down the road, after
three resales, a new owner might have no idea what aspects of their
property are "modifications" vs. original.  Worst case, imagine a home is
foreclosed on, and now a *bank* is the owner...I need a way to say to the
bank "The deck on unit 42 is collapsing, you need to fix it."

Diana


On Mon, Feb 17, 2014 at 10:41 AM, S. Kashdan <s_kashdan [at] hotmail.com> wrote:

>
> 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
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