Q.  I live in a townhouse and I'm connected to other units... same roof...adjoining walls.  My back balcony is private. It has a wooden deck, iron railings, and is supported by a post from the ground up (with a light on top). The railings are connected to the sides of the house and the post.

Everyone has the same balcony and the light must always be on.  Our master document states that the Association is responsible for the exterior of our homes.  The Association Rules and Regulations (an interpretation) said we are responsible for maintaining our decks.  I interpret deck to mean the floor boards (staining, etc).  The Property Management is now saying I am responsible for the deck floor, railings,and the support post and light. They expect me to raise my deck and totally install a new post... including staining, etc.  I feels that this is structural and an external part of my unit that should be fixed by the Association.  I don't know what to do! The post is totally rotted; my balcony is unsafe; and they won't fix it.

A. Decks and balconies can often pose major questions for unit owners.  Without looking at the specific association documents here, it is impossible for me to say one way or another who bears the responsibility for the maintenance and repair of these balconies.  Generally, though, balconies and deck systems that are part of the exterior of a complex, especially when those decks and balconies adjoin or share support systems with other balconies, are often the responsibility of

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Search Articles...

Member Login

Membership Plans

Subscribe to the Chicago Condo Resource to access our Members Only Content.

Subscribe to Newsletter

Seminars & Events

No events
May 2016
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31

"Ask the Expert"

Can a condo owner sue board members for building maintenance negligence?

Q: One of our owners is threatening to sue the board for negligence because the common areas need maintenance that hasn't been done. We are doing our best as volunteer board members but because owners don't want to increase assessments and we have a lot of delinquencies, we just don't have the money to do everything we want to do. Can the owner sue the board members?

Can power of attorney allow someone to serve on a condo board in place of an owner?

Q: One of our owners would like her husband to serve on the board, but he is not on the deed.  If she gives him power of attorney, can he serve on the board of our association?