Search this blog!

Search kenthillwebblog

Saturday, September 03, 2005

Attorney question

On 03-27-2005, Kris Sundberg wrote a lengthy letter to the members of our Association in which several questions concerning our Declarations were discussed and answered. One of these was related to the necessity of having our entire Homeowners Association vote (51% majority) to accept on any House Rules and Regulations or revisions to them. In the period that followed, the Board made appropriate changes to those rules. A copy was sent to the office of Kris Sundberg for review. On 05-27-2005, Mr. Dean Pody finished reviewing our House Rules, emailing a copy of his suggested revisions to them. I have two questions with respect to his comments. First he wrote:

Screen doors and exterior windows are common areas and thus the responsibility of the Association to maintain [In Microsoft Word reading layout view, page 3 of 7].

I have reviewed the Kenthill Townhomes Declarations and can find no evidence to support this viewpoint. Section 4.0 “Boundary of Apartments” makes no mention of this. Section 5.0 “Description of Common Areas and Facilities” makes no mention. Section 6.0 “Description of Limited Common Areas” makes no mention. Section 6.02 does mention that the Association may require uniformity in exterior appearance, but no makes mention of responsibility.

The second question is somewhat related in nature. Are we also to conclude that all exterior doors are the responsibility of the Association?

Again, I can find no evidence to support such a position in our Declarations.

As you can imagine, should this in fact be the case (in both these instances), it could very well pose a significant problem for the Association. Exterior door + frame = $300.00 parts & labor. Screen doors are similar in price and labor].

Please review our Declarations and provide specific reviews with respect to these two questions. Thank you.

President
Kenthill Townhomes Homeowners Association