Jonathan Ebertshauser | CHDB Law
It can be difficult to determine where the obligation to maintain, repair, replace, or insure starts and stops in an association where maintenance obligations cross over the boundaries of the property line. This is regularly the case in condominium associations where Owners may be responsible for the maintenance of Common Elements or the association may have an obligation to maintain portions of a Unit, but these concerns also arise in the planned community context (e.g. associations that maintain the exterior of an owner’s lot, dwelling unit, etc.).
Understanding who is responsible for what requires a review of the community’s governing documents and cross referencing state statutes with the CC&Rs, plat, articles of incorporation, bylaws, and rules, and may require consultation with the association’s legal counsel. This process often leads to reacting to issues on an individual basis, causing unnecessary delay in document review, confusion, and disagreement between the association and the owners, as well as duplicative legal expenses over time. However, preplanning and implementing a “Maintenance Matrix” creates a helpful reference document for the owners and management to use in quickly understanding how the governing documents have allocated responsibilities.
The Maintenance Matrix does not and cannot be used a means of amending the obligations set forth in the controlling governing documents, but is instead a summary in a clear and concise chart of association and homeowner responsibilities for maintenance, repair, replacement, and insurance:
For example, a leak is coming from a limited common element pipe. Many would say the association is responsible for the leak because the pipe is within a common element wall. However, the association’s governing documents may instead specify that any pipe serving an individual unit, regardless of ownership, is an owner maintenance responsibility. The Maintenance Matrix puts the owner and management/the board on notice that a determination of which pipe was leaking, whether the pipe serves a single unit or multiple units, and how such pipe is classified in the declaration will shift the maintenance obligation. As set forth above, that determination in the example required cross referencing at least four provisions within the CC&Rs to draw the distinction, but a quick review of the Maintenance Matrix will show who is responsible for the maintenance.
As you can see, a Maintenance Matrix is a valuable tool available to an association. Once a maintenance matrix is adopted or approved by the Board (or the membership, depending on whether a membership vote is required), determining maintenance, repair, and replacement responsibilities will be streamlined and easier to understand. If your association is considering creating a Maintenance Matrix, please contact our office for assistance in preparing or reviewing the matrix prior to implementation.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.