Who Pays For Repairs And Condo Fees In A Rental Property It Depends
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The division of maintenance for a rental property is quite straightforward: in short, all major maintenances are paid by the landlord, whereas minor maintenances are paid for by the tenant.
Major maintenance comprises, for instance, repairs to the roof, replacement of the kitchen or outdoor paintwork. On the contrary, paying utilities, refilling the boiler, replacing a tap washer or cleaning the gutters are part of what we call minor, ordinary maintenance.
Tenants should always ensure the property remains in a good condition by regularly carrying out minor maintenance and repairs.
A recent rule by Corte di Cassazione established that the owner of a rental property is not liable for damages caused to parts and accessories that results in the availability and safekeeping of the tenant. The owner, instead, is liable in case of damages deriving from masonry structures of which he still retains the domain.
Usually, the first thing tenants should do when renting a property is to check and certify that the house is in overall good condition and that there are no damaged appliances or objects if a damage is found, its better to write everything in the contract, in order to avoid future misunderstandings with the landlord.
Tenants must always pay for the small repairs that are necessary due to the use of the property e.g. if a damage occurs on the hardwood floor or if part of the kitchen is broken, the tenant must assume the costs for this reparation.
Replacing A Shared Roof: Understanding The Costs
Depending on how your condominium strata is set up, there may several scenarios that could happen when it comes to roof replacement:
- Condo owners could be responsible for replacing the roof above their individual unit
- Strata may pay for the entire roofing cost
- Condo owners may be responsible for a portion of the roofing costs
No matter the scenario, roof replacement is noisy and takes time. Make sure to inform all condo tenants of the decision far in advance so people are able to plan accordingly.
Financing Of The Roofing
The condominium association collects assessments from unit owners for use in landscaping, snow removal, asphalt repairs, drainage, and other amenities. Nonetheless, the objective of the assessment fees collected may not always include fees for repair or replacement.
Whenever there’s doubt, a board member may refer to rules governing responsibility for repairs in condos known as Covenants, Conditions, and Restrictions . On the other hand, owners of standalone condos may shoulder a larger financial burden than their counterparts in high-rise condos.
In a closely built unit, the roof damage may extend to your neighbor’s property. If the damage originates from your property, it becomes your responsibility to finance the repairs and vice versa. The same case applies to your neighbor. Even so, condo associations find it difficult to solve these disputes.
A point to note: In instances where a condo association meets the repair cost, it’s transferred to unit owners through assessments. The association budgets for annual expenses and incorporates them while calculating dues. Whenever there’s a shortfall, the association can raise the rate of the dues to compensate or have a special assessment.
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What Happens When Your Condo Building Needs A New Roof
Its easy to take your condos roof for granted when its in great condition, but when it requires repairs, its time to give your roof some thought. Realizing your condo building needs a new roof means youll need to do a bit of research to determine who is responsible for repairs and what options are available.
Checking in with your condo association, your attorney, and ultimately, your covenants, conditions, and restrictions document will give you a full understanding of who is responsible for which maintenance projects.
Communication between unit owners and the condo board is essential at this time, to ensure everyone is on the same page with responsibility, costs, and permitted roofing styles in the area.
Save yourself time and money by carefully researching roofing in condo buildings before beginning a roof replacement. Read on to learn more about what you can expect during your renovation project.
Condominium Law: Who Pays For Repairs
For those who own condominiums in Massachusetts and are fortunate enough to also have a balcony, this article is for you. Recently, the Massachusetts Appeals court decided Sano v. Tedesco, No. 12-P-746, August 28, 2013, a case where homeowners brought suit against their condo association in an attempt to prevent the condominium association from paying for the replacement of balconies. The support beams for certain units with balconies had deteriorated and the balcony unit owners wanted the condominium association to pay for the repairs in full. The Superior Court judge ruled that the balconies and support beams supporting them were part of the units and therefore the individual unit owners were responsible to pay for the repairs and the case was appealed. The Massachusetts Appeals court affirmed that balconies are part of the adjacent units but held that the support beams were actually common areas and therefore the responsibility of the condominium association. In coming to this conclusion the appeals court looked closely at M.G.L. c. 183 §1 and the master deed, noting that the statute governing the master deed is an enabling statute and therefore sets out a framework of terms and definitions while allowing the individual developers flexibility.
M.G.L. c. 183A §1 contains definitions that are referred to by the court as default provisions. The statue describes common areas and facilities to include in part:
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How To Budget For A New Roof
You should budget for the job and understand what you are getting into if you are thinking about replacing your roof. Depending on the type of roof, roofing companies typically charge between $350 and $550 per 100 square feet for the installation or replacement of an asphalt shingle roof. Slate, copper, or tile roofs, which are at the upper end of the price spectrum, can last more than 50 years. Wood shake roofs should last approximately 30 years on average for homeowners, whereas fiber cement shingles should last approximately 25 years and asphalt shingles or composition roofs should last approximately 20 years. In the case of metal roofs, the lifespan of the roof is expected to be about 15 years.
Maintenance Of Common Elements
Owners should pay particular attention to the Condominium Declaration. By law, condo corporations are responsible for the maintenance of common areas. The general rule is that they cannot overlook common area repairs because of their costs.
Needed repairs are, in effect, mandated by existing law, even when requiring a special levy or emergency action to prevent further damage or deterioration in the property’s value. That can sometimes require a significant expenditure in the case of major roof repairs or improvements to parking areas, basements, building-wide air conditioning, and the like. As buildings age, repairs become more costly, but well-managed condo corporations typically maintain an account designated for future work.
Owners, however, should expect regular fee increases to keep up not only with required maintenance but also with inflation.
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Best Advice Be Informed
Condominium ownership can represent the best of all worlds for some homeowners. However, it can also be a continuing challenge for those who do not thoroughly understand the limits on individual action and the responsibilities that accompany condo living. The way an association is organized and operated indicates the stability of one’s investment.
The best condo association directors are well-trained and knowledgeable about the laws that pertain directly to condominium governance. They also are aware of the legal, ethical, and financial responsibilities they undertake on behalf of owners and residents. As you explore the pros and cons of condominium ownership vs renting, look at the appeal of the building, its grounds, the location, the suitability of a particular unit, the corporation documents, and the people who run it.
There Are A Multitude Of Roofing Options To Choose From
While asphalt roofs are some of the most common, theyre by no means the only option as we previously mentioned. There are a wealth of roofing options to choose from nowadays so choosing one isnt just a matter of practicality, but also aesthetic.
You can even consider setting your roof up for solar panels to improve your buildings electrical usage.
For commercial properties like condos, heavy-duty roofing materials are an excellent choice due to their durability and long-lasting materials. If youre having a tough time deciding on a material, we recommend choosing any one of the following:
- Asphalt shingles
- Low-slope roofs
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A Common Question: Do Condo Association Fees Cover Roofs
Condo roof repair or replacement isnt always as straightforward as with a typical home or commercial building. In this case, the question of who pays for roof repairs on a condo comes into play is it the responsibility of the HOA or the condo owner?
The short answer? It depends. Most often, the roof is considered a common element of the property, so condo roof replacement and repairs fall under the HOAs responsibility and are paid for with HOA dues. But in other cases the cost of roof repair or replacement can fall on the individual condo owner.
Each homeowners association has their own set of bylaws often referred to as covenants, conditions, and restrictions, or CC& Rs, which outline association and owner responsibilities for property maintenance and repair. If you are unsure if your condo roofing is covered through your HOA, its a good idea to double check these bylaws so you can be prepared in the event that your condo needs a roof replacement or repair.
Who Is Responsible For Roof Repairs And Replacements In A Coa
Unlike traditional standalone properties, there’s uncertainty in condos regarding repairs and replacements for shared amenities like roofing. Condo associations bring unit owners together, pool resources, and set rules on managing shared amenities.
The community governing documents determine how to handle repairs of shared amenities like roofing. In some instances, the board, depending on the association’s rules, may decide to cater for the total repairs or part depending on the design of the condos.
That said, the responsibility of repairing roofs may differ from one association to another. Therefore, new board members must acquaint themselves with community association rules.
Here’s a general overview of how to conduct roofing repairs and replacements in condo associations.
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Can Condo Association Raise The Maintenance Fees
Condo associations do have the power to increase the maintenance fees that owners must pay. State laws and your governing documents might have a say on how much a COA board can raise the fees.
For instance, California Civil Code Section 5605 states that associations may not raise fees by more than 20 percent of the preceding years fees without obtaining approval from a majority of the members. A similar law appears in Arizonas Revised Statutes.
A number of factors can affect the associations need to increase the fees. Climbing inflation and wage rates, for one, can have a direct impact on the price of vendor services. Utility costs and rising insurance premiums can also influence condo fees.
As a condo owner, you might feel alarmed and even aggrieved due to the higher fees. But, you must keep in mind that the association is only doing its job of maintaining the condo building. An increase in projected expenses will naturally lead to an increase in fees.
Plus, it is not like the COA is profiting from your fees and neither is the board receiving a salary for fulfilling their duties. Board positions are, after all, filled by volunteer members. If you feel that the increase is unjustified or unreasonable, you can bring up the issue at the next meeting or talk directly to your COA board.
Who Sets Condo Fees
Ultimately, condo fees will vary between communities because each community has its own COA with its own board of directors, the members of which are other condo owners in the community. The condo fees are set by condo owners who have to pay them, too. The COA isn’t making a profit off the fees they’re covering expenses for the level of maintenance the community requires and desires.
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What Is The Lifespan Of A Condominium
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Most of the time, it lasts about ten years before needing to be replaced, and by the time it reaches its maximum lifespan of 15 to 18 years, it requires routine maintenance and replacement.
The Condominium Act requires that three factors be considered in determining whether or not a condo is in danger of being destroyed. The project, which has been in existence for more than fifty years, has been obsolete and uneconomic, and condominium owners holding more than fifty percent interest in the common areas are unwilling to support any repairs, restorations, or remodelings of the project. The main selling point of condominiums is their proximity to some of the most important areas in the community, including schools, business districts, hospitals, malls, and major highways. Condominium unit owners are automatically members of the corporation and co-owners of the condominium, its lands, and other interests. Condo rental is also a good investment if you intend to resell or rent out your unit. Because it is in close proximity to a variety of businesses, you will have an appealing market for students, young professionals, and small families. Although the condominium may be demolished or sold after 50 years, you will profit if you sell the land.
Who Is Responsible For Condo Maintenance
A common misconception about living in a condo building with a condo owners association is that owners need not take care of their units maintenance needs. While it is true that you might need to join a COA when you purchase a condo unit, it does not necessarily mean you have nothing to worry about anymore maintenance-wise.
Who is responsible for maintenance in a condo? A condo owners association is typically only responsible for the maintenance and repair of common spaces. That usually includes trash removal, snow removal, landscaping, and exterior maintenance. As for your own condo unit or separate interest, you will likely need to maintain it yourself.
When an association fails to maintain common areas, it can lead to possible legal trouble. Of course, every associations policies are different. It is worth checking your associations governing documents, specifically the CC& Rs, to see which maintenance responsibilities fall under the scope of the COA.
Generally, though, the association covers the maintenance of common areas, while individual owners cover the maintenance of their units and exclusive-use common areas. For those who are unaware, exclusive-use common areas are spaces shared by two or more owners but not all. This includes balconies, patios, porches, and so on.
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Condo Roof Replacement Cost
Condo roof replacement cost can vary depending on the size of the condo and the type of roofing material used. However, on average, condo roof replacement cost can range from $5,000 to $20,000. If you are considering replacing your condo roof, it is important to get several quotes from different contractors to ensure you are getting the best price possible.
Stone Bay condos were recently upgraded with a new roof, which All Elements recently completed. A key priority for the homeowners association was to find the best and longest-lasting roofing solution. There was only one roof on the building that was shingled and flat, so all three needed to be replaced. It is not always as simple to repair or replace a condo roof as it is to fix a typical homes roof. In general, the roof is regarded as a common element of the structure. All Elements is a subsidiary of All Elements, Inc. The owner of the condo or the homeowners association can work with us on roof replacement and repair.
Condo Fees Case By Case
Let’s now see who is entitled to the various expenses that may occur in a condominium:
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Lift: its broken and the quote for the reparation has arrived. Who shall pay? The Landlord! Tenants have to pay only the expenses for routine maintenance, such as cleaning, inspection, and the energy consumption for the driving force of the lift. The landlord is responsible for the installation of the lift, maintenance if it breaks down, replacement of the engine, and annual fee for the renewal of the operating license.
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Garden: in the condo garden theres an automatic irrigation system. Who pays for it? Its installation, the related taxes and fees are responsibility of the owner, as well as the replacement of the components ordinary maintenance and the energy used for the driving force and general inspections are charged to the tenant.
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Windows and shutters: lets assume a handle is broken. Bear in mind that the tenant is responsible for all internal maintenance of the property, such as floors and walls, furnitures, shutters, and heating system. If at the beginning of the lease the handle was in good condition, now its repair is up to the tenant, since it falls within the usual wear and tear of the property.
In conclusion, we can say that ordinary expenses are due by the tenant, while installation costs or extraordinary costs are due by the landlord, because these costs increase the value of the house and, therefore, have to be considered as an investment.
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