Cohousing-L Mailing List: Re: allocation of repair costs

[Larry Miller (larry.miller]

Unfortunately, if the answer you are looking for is in someone's condo 
documents, then it can't
be the answer for you, because it will be unique to that association. Oak Creek 
Commons is also
an air space condo, but the residences don't have fireplaces. However, the 
basic rule, at least
in California, is that, in an air space condo, the association owns the entire 
structure beyond
the paint and, unless the docs specifically make a part of the structure 
(windows, doors,
plumbing, etc.) an owner responsibility, it becomes, by default, a community 
responsibility.

On the other hand, if the docs seem to provide a grey area and everyone agrees 
on a split cost,
why go any further?

Larry Miller
Oak Creek Commons                                

-----Original Message-----
From: S Fassnacht [mailto:fassnach [at] ssc.wisc.edu] 
Sent: Wednesday, July 02, 2008 7:13 AM
To: Cohousing-L
Subject: [C-L]_ allocation of repair costs


One of the houses here at Village Cohousing (in Madison WI) is having  
2 chimney flues replaced.  Village is an air-space condo, but our  
condo docs don't mention chimneys, so we're not sure how to allocate  
costs for this repair ($4000 per flue).  Before consulting a lawyer,  
we thought we might pose the question to all you good folks to see if  
some air-space coho community out there has something in their docs  
that addresses this issue.  A provisional decision has been made to  
split the costs evenly between the owner and the community, the  
reasoning being as follows:  The condo docs say that heating systems  
are the responsibility of the community.  One of the flues services  
the house's heating system.  The other flue services the fireplace,  
which we figure belongs to the owner.  A very technical question, I  
realize, but just maybe somebody has the answer we're looking for.

Stephanie Fassnacht
_________________________________________________________________
Cohousing-L mailing list -- Unsubscribe, archives and other info at: 
http://www.cohousing.org/cohousing-L/