QUESTION
Is the replacement of a 36 year old wooden patio deck the responsibility of the HOA or the property owner?
Asked on Apr 10th, 2015 on Real Estate - California
More details to this question:
CC&R state "¿All deck repair and replacement is the responsibility of the homeowner¿" My position is that the patio deck is a builder installed improvement. The deck is attached to the exterior of the dwelling just like the fascia and stucco. Exterior, builder installed improvements should be repaired/replaced by the HOA.
1 ANSWER
Whatever the CC&Rs say controls.
If the CC&Rs don't say who repairs and replaces decks, then it depends on who owns the deck.
Sometimes decks and patios are owned by the HOA, but the adjacent homeowner has a right to the exclusive use of the deck or patio. The CC&Rs often refer to such areas as "Restricted Common Area."
If your deck is Restricted Common Area, then the language you quoted, that the homeowner is responsible, is what controls.
If you have any questions or would like me to review your CC&Rs and your deed, please call me.
Dana Sack
510-286-2200
Answered on Apr 12th, 2015 at 6:07 PM