V.S. from Putnam County, New York writes:
Dear Mister Condo,
My condo association just put in new roofs and walk ways and stone work. They increased the common charges for the work that was done. My question is that not every unit got stone work. I suggested at the last meeting they the units that didn’t receive any stone should have it deducted from their share of the increase. Can this be done?
Mister Condo replies:
V.S., I am glad that your association is performing maintenance and upkeep on your aging buildings. It is not uncommon for certain areas of the association to be handled at one time and the balance of the association at another. However, common elements like building exteriors are owned by the entire association, not just the buildings where the work was done. Therefore, since the maintenance is done on a commonly owned asset, all units pay for the work via their common fees or a special assessment. I know this flies in the face of common sense but that is the nature of condominiums and common interest property. Divvying up the work and the cost of the work isn’t practical and would likely violate the governing documents so, no, it can’t be done. The good news is that, over time, all buildings should be properly maintained and the entire association benefits from well-maintained building exteriors. All the best!
Its actually not much different than government. The town puts sidewalks here, sewers there, repaves some streets. The Federal Government funds highways in some areas, bridges elsewhere, etc.