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Can condo association selectively assess units?

We are a 20-year old condo association of 64 units in 16 4-unit buildings. Each unit has a flat roof over a veranda that everyone has enclosed. The flat roofs were a developer’s bad design and we have been dealing with leaks ever since. The current board has finally figured out that the unsolvable leaks have been occurring in the 2-bedroom units because of the design differences in the peaked roof meeting up with the flat roof and the absence of a gutter that might have helped and a ½ moon window over the flat roof that makes it difficult to flash properly.

The Ohio condo association was set up with the 28 2-bedroom units and 36 3-bedroom units paying monthly dues based on “par value adjustment.” Currently, the 3-bedroom units pay approximately 13% more than the 2-bedroom units.

Legal had advised us that the association is responsible for maintenance of the flat roofs. With the flat roof problem being identified only to the 2-bedroom units and the remedy (other than continual patching) is estimated at $3,000 each (x28 units = $84,000), can we assess only the 2-bedroom units? Any thoughts? This doesn’t seem to be addressed in our docs.

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