My HOA wants me to fix a stair on the stairway to my condo's front door.?

Question

The stairs are cement and it's cracking on a single stair. I recieved a letter from my HOA to replace or repair in 30 days.
The stairs are a common area are they not?? I'm under the impression they are responsible for common areas. They say I am responsible for the stairs because I'm the principal user. So what?? The postal carriers, UPS, pizza deliveries, kids in the neighborhood, anyone wanting to see me at home for many reasons, I believe the stair case is the HOA's responsability to keep repaired. Anyway the stair was that way when I bought the place 7yrs ago and it's fine, it just looks shaky.

Answer 1

Look closely at your CC&Rs to see if they delineate what are the common areas. You are correct, that usually the owner owns everything from the drywall in and the HOA is the plaster out.
Now other options: legal reply from a lawyer to HOA; mediation (often free in many areas); a compromise--50-50% repairs. Another thing to bring up is IF someone falls & gets hurt on these stairs...who will they sue? Probably the HOA--so maybe they should quit playing around & fix them before it becomes very expensive. I had many battles withe HOA over the years of condo living and the HOA always eventually lost (when it was stuff outside of the unit & eevn when I had flooding inside due to their shoddy roof repairs)--SO perservere but a compromise may be the best, least acrimonious recourse.

Answer 2

I have underwritten numerous condos and I do believe that unless it is specifically detailed in your recorded condo docs then that would be a common area, the responsibility of the association. Pull out your condo documents, photocopy the applicable section, send it and a letter outlining your position via certified mail. Just in case someone does get hurt on those stairs and they try to sue you.
Hope this helps

Answer 3

There's common areas, and then there's limited common areas.

Is there anyone else but you who can access their unit from that staircase? If so, it should be the HOA. If not, it's yours.

Same thing applies to patios and things like that.

If in doubt, read your HOA docs.

Answer 4

you have to actually read the paperwork they gave you about the HOA and who is responsible for what at your place.

yes, the one I owned in VT was the association's responsibility even though the stairs only lead to my unit.

doesn't mean yours is that way.

:-)

Answer 5

I believe that they would be a common area, since they are outside your home.