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View Full Version : Unreasonable Association Demands


bharritt
Jul 2, 2008, 01:45 PM
When I purchased my condo in the late 70's the CC&R's and bylaws specified that all exterior maintenance was the responsibility of the Association. This is what I wanted since I am NOT a handyman. The Association then revised the CC&R's and bylaws so that most exterior maintenance is now the homeowners responsibility. They did this by citing a clause in the CC&R's that states the Association was not responsible for maintenance if something was "beyond economical repair" (and of course when they did this the Association dues did NOT go down!).

They are now demanding that I replace the patio fence for my unit. Note that I could repair the fence by replacing a few dry-rotted boards, but they insist the entire fence be replaced.

My question is, since the Association has absolved themselves of any responsibility to repair or replace this fence what rights to they have to demand specific compliance with the fence design. For example I could not replace it with a vinyl fence, or change the look of the fence in anyway. This does not seem right to me. After all, if they can do this, where would I be if they arbitrarily decided I had to replace the fence with a 24K gold fence?

Fr_Chuck
Jul 2, 2008, 03:24 PM
Welcome to living in a association area, in the ones my sister in law lives, they can decide what color paints you can or can't use, they may decide what can be in your front yard and what is not. Fair has nothing to do with it,