@FiddleDeeDee wrote:
Laws vary from state to state regarding HOA/CA board members and whether they can be sued or not. In MD, you can not sue a member of the board because they are volunteer positions. If you can sue a volunteer, then who would bother to volunteer for anything? That said, depending on HOW the the board is set up (incorporated or not; if there is a PMC or not, etc), there is often an insurance policy on the HOA/CA entity and THAT is who would be sued. The policy goes up to a specific amount. Remember as well, you are suing YOURSELF because any money in the budget and reserve is used to 1) cover the legal costs of the HOA/CA (which comes from your monthly/quarterly fees) and 2) any damages paid out comes from the budget/reserves that, again, is made up of the HOA/CA fees which is paid by the owners.
In the end, finger pointing may simply be that each condo owner (alive or not) is the one who needs to take a portion of the blame. You own the condo, you own the building, you vote on who sits on the board, you choose the Property Management Company, you choose whether or not to make repairs when needed (or not) and you choose which company to use after receiving 3 bids or more for the work. If you don't attend the monthly or quarterly meetings, then again, that was your choice to choose not to be involved. No one wants to say it but that's the way it works.
That's interesting @FiddleDeeDee . I thought that Condo's you only own your unit. With a Co-Op you own the shares of the entire kit and kaboodle. However, how this will all shake out for these unfortunate people varies and they may not have the liability you speak of. Check out this article from Nolo.com "Buying a Condo: What Property Will you Actually Own?
From Nolo.com
Basically, condo buyers will own the condominium unit itself, and what's called an "interest" (along with all the other owners) in the "common elements" (sometimes called "common areas") of the condominium project.
Just what the above terms mean depends on the details in the documents governing the condominium project, namely, the condominium map (sometimes called a condominium plan) and the Covenants, Conditions, Restrictions and Easements (CC&Rs).
You can (if you're still in the purchase process) get a copy of the relevant governing documents (condominium map and CC&Rs) from either your real estate agent, a real estate attorney, the title company handling the purchase transaction, or the real estate records in the county the condominium is located in. This article will address what to look for within them.
What You'll Learn From the Condominium Map or Plan
The condominium map for the project will depict the exact physical location of the unit: where in the condominium building the unit is located, and where the boundaries of the unit are drawn. This makes it a good starting point for learning where the basic lines are between your property and common property.
However, looking at the map is not enough. You probably will not be able to tell from the map exactly what things, such as what interior fixtures, or what parts of the doors and windows, are included as a part of the unit.
Difference Between General, Limited, and Exclusive Common Elements
Anything that is not part of a condominium unit is ordinarily considered a common element. Not all common elements are alike, however, so if you want to know the extent to which you have a right to use them, you'll need to look a little further. You might see (identified on the map and defined in the CC&R's) what are referred to as "general common elements," "limited common elements," and "exclusive common elements."
General common elements are those that all owners in the condominium project can use. Stairways, lobbies, hallways, and amenities are often found on this list, as is the land the condominium sits on.
Limited common elements are those that fewer than all the owners have the right to use. For example, use of a common patio might be limited to all the owners of a certain floor of the condominium building .
Exclusive common elements are limited common elements that only the owners of one unit have the right to use. (Some condominium projects do not separately define these as exclusive, but as limited common elements with "exclusive use rights.") For example, a balcony accessed by only one unit, or a parking space assigned to a specific unit, might be an exclusive common element.
Why Do You Need to Know What You Will Own?
As a buyer of a condominium unit, you might be concerned only with having a nice place to live. Why bother with the details about what your unit actually includes? Well, apart from knowing just what you are spending your money on, there are a number of reasons to understand exactly what things are included as a part of the unit, as described below.
Your Ownership Interest Determines Your Maintenance Responsibilities
Your maintenance responsibilities with respect to the property, and therefore your costs for repairs and so on will vary depending on what you actually own. A unit owner is usually made responsible for the maintenance of everything that is a part of his or her unit.
So, for example, if a "unit" in your condominium complex is defined to include the exterior shutters on your windows, those will be your responsibility to maintain. If they fall apart a couple of years after you move in, you will likely not be able to call on the condo association for help (barring evidence that they were defective to begin with.)
However, the owner's association for the condominium project (often called the "HOA") is typically responsible for the maintenance of anything that is a general common element. So, if the shutters are not a part of the unit, but instead are included in the definition of the general common elements, you can leave their maintenance to the association.
When it comes to limited and exclusive common elements, however, things can get confusing. The terms of the CC&R's determine who has the responsibility to maintain, repair, or replace these .
The condominium association must, in most cases, repair and replace limited common elements, but the owner or owners with rights to use the limited common elements might have the responsibility to keep them in good condition and repair. For example, if the shutters in your community are considered a limited or exclusive common element used by your unit only, you might be responsible for their general upkeep; but if they blow off in a windstorm, the association might be responsible to replace them.
The only way to know exactly what things you must maintain, repair, or replace as an owner is to look to the terms of your project's.....
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