L.B. from outside of Connecticut writes:
Dear Mister Condo,
My condo association installed carpeting on balconies many years prior to my purchasing my unit. The association is now requiring the carpet be removed at my expense. I claim that I did not install the carpet therefore I am not responsible for its removal.
Mister Condo replies:
L.B., that is an interesting quagmire you find yourself in. Are you certain of the carpet installation history? Balconies are typically limited common elements for the use of the unit owner who has exclusive use of the balcony. If that is the case, the Board may feel as though individual unit owners are responsible for the carpet maintenance as it is for the limited use of the unit owner, in this case, you. Your claim that you did not install the carpet may be true but you really need to find out who owns the carpet. If the association owns it, then they are responsible for the upkeep. If it was installed by a previous unit owner or by the association but at a previous unit owner’s request or expense, then it is quite possible that the Board is correct. However, it is worth your time in getting a straight answer. Ask to see the records from when the carpet was originally installed. See if you can’t find definitive proof of who owns the carpet. Good luck!
I would check the CCRs to see who is responsible for balcony surfaces. Just because a previous board installed the carpet doesn’t mean the upkeep isn’t the responsibility of the homeowner. The CCRs still prevail — unless you can find something different in the minutes.