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| How are damages to the unit or the building repaired, and who is responsible for the repair cost? |
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When the unit or the things in it require repair or replacement, the manager will be responsible for making it happen. In practice, this will mean determining what needs to be done, and establishing the cost. When the cost is relatively small, or the item is an emergency, the manager will have the authority to simply proceed with the work without group approval. In other cases, the manager must obtain approval from either the Association Board, or the owners, depending on the estimated cost of the work.
Damage to the building (outside the apartment) will be repaired by the building homeowners association. The group manager will act as the group’s representative at building HOA meetings.
Repair and replacement cost, whether in the form of expenses incurred by the group, or assessments imposed on the group by the building HOA, will generally be allocated among the co-owners in equal shares. Most of the time, these costs should be covered by the repair and replacement reserve component of the co-owners’ dues to the group, meaning that the money will already be in the group bank account when the cost is incurred. But sometimes, the amount in the repair/replacement reserve will be inadequate to pay the expense, in which case the group will impose a “Special Assessment” against the owners (in equal shares). Approval of the imposition of a special assessment will be made by the group manager, the Association Board, or the owners, depending on the amount and whether the situation is an emergency. Each co-owner will receive notice of the special assessment by email, and will be required to make payment of his/her share within the time specified in the notice.
In some instances, the need for repair or replacement will be the fault of a particular user of the property, rather than normal wear and tear or events beyond the co-owner’s control. When a particular user is at fault, the owner assigned the usage block during which the damage or loss occurred will be responsible for the entire cost of repair or replacement. That owner may seek to recover any losses from the user (through a security deposit or direct legal action), or through an insurance company, management company, or rental agency (if he/she has made his/her own arrangements with such a company or agency for coverage of the loss).
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