Question:
We experienced record water and snow fall this year and the units are visibly falling apart. Siding has separated from exterior walls and some owners have discovered water dripping inside their units.
Who is responsible for determining if the units are ready for the next season?
We have seen work performed on portions of some of the units – but a full assessment of the units has not been performed. When owners ask to have their units assessed for readiness for mold mitigation (e.g., determine if units are water tight, etc.); the board tells the owners to hire an inspector and deny that the HOA has the responsibility of making that determination.
– Kathleen
Answer:
Hi Kathleen,
According to the Utah Community Association Act Section 57-8a-224(2), the HOA is responsible for maintaining common areas while the unit owners are responsible for maintaining their own lots. A similar provision exists in the Utah Condominium Ownership Act Section 57-8-7(7). This may include assessments performed on the units. You may also review the governing documents to verify property lines and if they have any specific provisions regarding home inspections.
You may ask the HOA board why they performed assessments on some of the other units and not others. It could be that they were responsible for the damage to those specific units. For further assistance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
