Maintenance, Alterations, and Defects
Condominium governing documents usually require association approval for improvements and alterations which:
- Change the appearance of any exterior area;
- Change any interior common area (except entirely separated exclusive use common areas such as storage closets);
- Impair structural integrity;
- May interfere with another owner’s use or enjoyment of their unit (such as installation of hardwood floors above a neighbor’s ceiling); or
- Interfere with plumbing, electrical, heating, or air conditioning service to other units or the common area.
Planned development governing documents usually require association approval for improvements and alterations which:
- Change any common area;
- Involve the construction of new structures or additions, including fences, walls, pools, spas, balconies, patios, patio enclosures, screens, tents, awnings, window air conditioners, exterior shutters, exterior antennas, or exterior wiring;
- Change the appearance of the exterior elements of existing structures including paint, siding, and roofing;
- Change the appearance of existing landscaping visible from the common area or other lots;
- Obstruct the view from another lot or from the common area; or
- Interfere with the water supply, sewage or drainage systems.
Most governing documents contain detailed procedures for the submittal, consideration, and approval of proposed alterations and improvements. Where the governing documents do not contain these procedures, or where the procedures are incomplete, the board should develop new or supplemental procedures and express them in a written resolution or Rule. If formal approval procedures are not established, or if they are not strictly followed, the association may be prohibited from enforcing its architectural guidelines. Alteration approval is a responsibility of the board, but it may delegate this responsibility to an officer, committee, or professional manager provided it retains final authority.