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OT: need advise, HOA Condo perimeter wall issue for a knowledgeable person to answer, like lawyer or HOA Condo board member past or present?

jackfs

Silver Knight
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Sep 11, 2007
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Help:
Live in a simple 12 units total, 2 buildings and 2 story condo complex (unit upstairs and unit downstairs), that is 41 years old. We have limited reserves, about $28,000, because of rising insurance and not raising monthly dues accordingly.

One of the unit owners removed his drywall from the interior and discovered a crack on the masonry wall above his sliding glass window (header) and then on a window that is next to that slider, a crack in the masonry wall below the window sill. Deemed as structural damage on condo's perimeter wall but on the interior of the unit only (no damages can be seen outside the unit with the framing of either window nor slider nor with concrete block with stucco exterior).

My internet research says, if there is structural damages on the interior of a unit going outward toward exterior of unit of a perimeter wall but no damages showing outside the unit at all, the owner would have to pay what was estimated as a $3000 to $4000 repair the crack header and sill.

Unit owner is claiming, the HOA should have to pay for structural damages because in his opinion that is a perimeter wall and perimeter wall damage whether interior or exterior of his unit the HOA is responsible for it.

The bylaws are ambiguous, one portion it says the exterior windows and doors are considered part of the unit (or unit owner's responsibility for maintenance and upkeep) Another portion of the bylaws in describing the boundaries of a unit (not in the sub section describing maintenance and upkeep), it says unfinished wall surface, drywall and paint, and going towards unit are unit owner's boundary lines and then opposite going towards exterior is considered a common element.

Anyone know what the common practice on who pays for the structural damages to an internal of a condo unit?
 
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