Legal Question in Real Estate Law in Colorado
Action by a Condo Assn. Board of Directors.
Does a Condo Board Of Directors have the right to tear out private condominium decks without owner consent and replace them with ones of concrete? The decks are in good condition and the only reason they were torn out was to backfill some depressions against the condo foundations with fill dirt - supposedly to correct a standing water problem (the depressions hold water for a short time after rains). This condition has existed for 25 years without consequence. The basement crawl spaces are equipped with sump pumps and have been so since construction to deal with water seepage. The care and maintenance of decks is, and always has been, the responsibility of the owners. The Board president cites the following as his right to take this action: Declarations - Art. 9, Sec. 3. ''The Association shall maintain and keep in good repair, replace, and improve, as a Common Expense, all the Condominium Property not required to be maintained and kept in good repair by an Owner, without the requirement or approval of the Owners. It is not spelled out in the Condo Declarations that private decks (which have 3 walls and a ceiling) are ''limited common elements'' and therefore under the control of the Board of Directors.
1 Answer from Attorneys
Re: Action by a Condo Assn. Board of Directors.
Morning,
Your association should have counsel on this matter because this requires closer review of the governing documents and understanding of the recently amended CCIOA.
The documents are not crafted clearly to provide the HOA authority and the residual powers are also unclear (the repair powers).
Contact counsel on this matter and to verify compliance with the SB 100 amendments to the CCIOA and good luck.
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