M.L. from outside of Connecticut writes:
Dear Mister Condo,
If a pool heater breaks down does the condo board have to fix it or replace in within a certain time?
Mister Condo replies:
M.L., while the Board has governance responsibility over all things association-owned, including a pool heater in the condo pool, I sincerely doubt you will find any wording in your governance documents about the necessity or timeliness of making such a repair. That being said, I would think that unit owners like you would demand that all common elements be kept in top working condition so that all unit owners may continue to enjoy the amenity. Board members that do not follow the wishes of the community are generally voted out of office and replaced with new volunteer leaders who understand that their job is to follow the wishes of the majority. Of course, if the community is struggling with budget constraints and there isn’t enough money to make the repair, the Board could make a satisfactory argument that the community cannot afford to fix the faulty heater at this time. In that case, it might be time to raise common fees so that there is adequate money in the budget for the repair. Good luck!