Who is responsible for repairing damaged storage units located in a common area, but which are exclusively assigned to individual units?
Each unit in our small complex has an exclusive storage cabinet located in the subterranean garage. Obviously, the garage is common area. The storage cabinets were built about the time when the building was built 30-plus years ago, each assigned to a specific unit for the residents' exclusive use.
The CC&R's, which are quite specific about what is common and what is not, say nothing about the storage cabinets (it's possible they were installed shortly after the complex was built and turned over to the HOA; therefore after the CC&R's were written and adopted).
One of the cabinets, made of plywood, has been damaged to the point where it is unusable by years of water leakage coming from the building's foundation (since repaired by the HOA), and it needs to be repaired or perhaps rebuilt. None of the other cabinets are damaged to that extent.
So who pays for that? The homeowner? The HOA? Split the cost?
Answers (6)
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