Question:
As HOA Board President, I and the Board are trying to determine who is responsible for maintaining the porches. We are a 16-unit townhome development. Our townhomes were built/finished between April, 2020 and August, 2021. The HOA was turned over to the homeowners in April, 2021. Each unit has a ground level porch and an upstairs wood porch with railing. Does Oregon statute dictate that maintenance and repair of these porches lies with the individual townhome owner? Or is it the responsibility of the HOA? There is nothing in our Declaration or Bylaws that specifically refers to these porches.
Thank you for any help you can lend.
– Dolly
Answer:
Hi Dolly,
According to ORS Section 100.540(2), “Unless otherwise provided in the declaration or bylaws, the responsibility for maintenance, repair and replacement of the common elements is the responsibility of the association of unit owners.” It is necessary to know whether the porches in your townhomes are defined as a common element within your governing documents. If they are, then the association generally has maintenance responsibility. You may want to refer to your community plat or map to check what category the porches fall under.
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