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Home COFSAB Forum Condo Owners Forum Q&A Modifications, responsibility

  • Modifications, responsibility

    Posted by COF on April 28, 2022 at 11:53 am

    According to our bylaws the corporation is responsible for maintaining exclusive use common property unless it was modified by the owner.

    Our townhouses complex was built over 40 years ago. Over the years the ground settled/receded and now there are spaces under many front porches and the ground. The board is addressing the yards where the original cement squares in front of the porches still remain but in yards where the cement plates were replaced with an interlocking pavers years ago, they say it is the owner’s responsibility because of the modification. Pavement modification was approved by the board many years ago.

    The ground sunk not due to the owner’s modification of the pavement or not maintaining it.

    There’s two reasons why the board wants it fixed:

    1.City building inspector indicated that the front step is now too high and not the same hight as the other 2 steps, therefore not up to the building code.

    2. Wild life making a home under the porchesAccording to our bylaws the corporation is responsible for maintaining exclusive use common property unless it was modified by the owner.

    Who is responsible for addressing this problems that resulted due to the ground settling /sinking or receding and also due the water missing the downspout and cascading for years at the spot in question during rains.

    Thanks

    COF replied 3 months, 1 week ago 2 Members · 2 Replies
  • 2 Replies
  • Brian

    Member
    April 29, 2022 at 9:53 am

    From your description, it would appear that the issue is with common elements, which include the rround, and common elements are typically the corporation’s responsibility unless the bylaws state otherwise.

  • COF

    Member
    April 29, 2022 at 12:00 pm

    Thank you Brian.

    According to our bylaws the corporation is responsible for maintaining exclusive use common property unless it was modified by the owner. So the dispute is regarding the modification of the pavement 35 + years ago and if it had any baring on the ground sinking. Reasonable person’s opinion is that it hasn’t. Is that enough or do we need an expert to confirm that?