J.C. from Yavapai County, Arizona writes:
Dear Mister Condo,
Back outside cantilevered exclusive deck off of second story needs repair. It appears to be part of the condo’s second floor joist structure. Am I responsible?
Mister Condo replies:
J.C., without seeing your governing documents, it’s hard to tell. If the deck is a common or limited common element, it may well be an association-owned asset that the association needs to maintain. However, since it is for your exclusive use, it may be a limited common element or an element assigned completely to you. The fact that it connects to the second-floor joist structure doesn’t likely dictate who is responsible although if it is your responsibility you will certainly not want to damage or modify that joist. Check your documents and even get an opinion from the Board as to who’s responsibility it is to maintain and repair. Keep in mind that if it is the association’s responsibility, you won’t have a say in how or when they handle the upkeep. All the best!