THE BASICS OF COMMUNITY ASSOCIATION REPAIR OBLIGATIONS

Written by Mary M. Howell, Esq.

INTRODUCTION

Part I of this paper discusses the basic obligations of community associations to perform routine maintenance, repairs in the common areas, and access to homeowner exclusive access areas to perform repairs to the common areas. We explore these requirements regarding issues that affect both common areas and exclusive use areas: balconies and decks; pipes; water intrusion; pest control; and asbestos issues.

Part II of the paper reviews the case law, particularly the Lamden decision and its progeny and the Doctrine of Judicial Deference. The discussion rounds out with a discussion of the enforceability of exculpatory clauses.