Repair Costs to Condo Limited Common Elements

R.B. from outside of Connecticut writes:

Dear Mister Condo,

When an HOA is paying for repairs of limited common elements that vary by unit (eg decks) and it must be paid by special assessment, can this be imposed based on actual cost of work per unit or must it be equal in % to the common elements. In our case it’s set up as 1/12th – equal for all units even though we are smaller and have less decks.

Mister Condo replies:

R.B., without being able to review your governance documents, I really can’t offer you a specific answer here. Typically, common elements are handled by the association in accordance with how the governing documents dictate. If the item in question is not mentioned, in your case “decks”, then the repairs are handled the way all other repairs are handled, in common. If the documents call for the decks to be maintained by the unit owners, then it is their responsibility. Special Assessments have their own rules for how they are levied. Again, your documents specify the terms. Typically, an assessment is levied in proportion to the percentage of unit ownership formula but there are exceptions. My advice is for you to review your condo documents about common and limited common element repair and maintenance. I think you will find your answer there. All the best!

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