Re: Exterior modifications | <– Date –> <– Thread –> |
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 > _________________________________________________________________ > Cohousing-L mailing list -- Unsubscribe, archives and other info at: > http://www.cohousing.org/cohousing-L/ > > > > _________________________________________________________________ > Cohousing-L mailing list -- Unsubscribe, archives and other info at: > http://www.cohousing.org/cohousing-L/ > > >
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Exterior modifications Diana Carroll, February 17 2014
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Re: Exterior modifications S. Kashdan, February 17 2014
- Re: Exterior modifications Diana Carroll, February 17 2014
- Re: Exterior modifications Sharon Villines, February 18 2014
- Re: Exterior modifications Mariana Almeida, February 18 2014
- Re: Exterior modifications Diana Carroll, February 18 2014
- Common vs Limited Common Elements [was Exterior modifications Sharon Villines, February 19 2014
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Re: Exterior modifications S. Kashdan, February 17 2014
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