Question:
Who should pay for the removal and reinstallation of the screens for the exclusive use balcony when HOA needs to remodel the balcony?
Dear Madam/Sir,
HOA is doing this renovation project, which needs to get access and modify the balcony (where I have my screens), and asking me to pay the cost of removing and reinstallation back? Do I have the right to request HOA to pay for it? Because this is a HOA project. Without HOA project, I would not need to remove and reinstall it back. I am in California. In addition, before the project starts, no one came in my unit to inspect it, and I do not see any need for this renovation.
– Jim
Answer:
Hi Jim,
According to California law, “Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.” Therefore, if the screens are part of the exclusive use common area appurtenant to the separate interest, then you are responsible for it. Considering your unique situation, though, you may want to consult a lawyer for guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
