Owners can call anytime with questions and maintenance requests. In Oregon, call (503) 598-0552 and in Washington, call (360) 891-8060. They may also call the direct number of any employee. AMS has a 24-hour return call policy on any communication. Since we have a team atmosphere, a knowledgeable team member is always available to provide service to the owner.
Maintenance, Alterations, and Defects
In condominium projects and planned developments, maintenance obligations are not necessarily determined by ownership. In other words, the fact that an element or area is individually owned does not necessarily mean that it is individually maintained. To determine whether an element or area is individually maintained, begin by reading the sections of the governing documents that specifically discuss maintenance obligations. The maintenance sections may or may not refer to the ownership sections (such as the definition of the condominium unit). If responsibility for the element or area is not clear, attempt to determine the author’s intent by analogy to similar elements or areas that are mentioned in the documents. If the documents provide no clues as to the authors intended allocation of responsibility, determine ownership of the element or area and allocate responsibility based on ownership.
In most condominium projects, individual owners are obligated to maintain the following elements of the property:
- Everything included within the definition of the unit as explained under the heading “What portions of a condominium are individually owned?” above;
- The glass, screens, moving frame, and hardware of windows (even if they do not fall within the definition of the unit);
- All doors, door frames, and door hardware (even if they do not fall within the definition of the unit); and
- The finished wall surfaces of storage spaces assigned as limited common elements.
Where exterior areas such as decks, patios or yards are included as part of a condominium unit or assigned as limited common elements, individual maintenance obligations vary widely, and no generalizations are possible.
In most planned developments, individual owners are obligated to maintain the following elements of the property:
- All interior elements and areas of the homes;
- All portions of the plumbing, electrical, heating and air conditioning systems serving the homes;
- All foundations and structural elements of the homes (but not roofing and siding);
- All glass, screens, moving frame, and hardware of windows; and
- All doors, door frames, and door hardware; and
- All patios and decks.
As discussed below, owner maintenance obligations change when an element or area is damaged by negligence, or as a consequence of the malfunction of an element the owner is not responsible to maintain.
The governing documents usually include a minimum standard for owner maintenance such as the statement “each owner shall maintain the elements of the property for which he/she is responsible for in a condition which does not impair the value or desirability of other units or lots”. Most governing documents also provide that if an owner fails to satisfy his/her maintenance requirements, the association may do so and assess any related expense against the responsible owner as an assessment. It is advisable (and required by some governing documents) that the association provide a written warning, an opportunity to correct the problem, and the opportunity to request a board hearing, before undertaking a repair for an owner.
Meetings and Decisions
Owners are entitled to attend all board meetings except Emergency Board Meetings (as described above) and executive sessions. The board is permitted to hold an executive session only to discuss litigation, contracts with non-owners, the formation of contracts with third parties, owner discipline, personnel matters, or to meet with an owner regarding the payment of assessments. If only part of the meeting will be an executive session, owners may attend the remainder. Any gathering (including a conference telephone call) where a majority of directors discuss any item of business scheduled to be heard by the board is considered a director meeting (other than for purposes of litigation or mediation) and triggers owner notice and attendance rights.
There is no requirement that owners be permitted at all board meetings. However, it is good practice to allow time for owners to provide input at board meetings during an open forum. The board has discretion to set procedures, including time limitations, for the open forum.
The Association is required to make all association records available to owners upon reasonable request. The Board may adopt processes for handling owner document requests and may impose reasonable charges for providing copies of documents. Association records include membership lists, governing documents, meeting minutes (association meetings and board meetings), proxies and ballots, budgets, year-end financial statements, tax returns, executed contracts, and insurance policies and documents relating to insurance claims. There are also some association records that should not be produced to protect owner confidentiality; those include documents such as individual owner delinquency reports and confidential owner contact information.