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Solar Panels and Super Assessment
We live in a bare land duplex condo.
Is the condo board permitted to special assess an individual unit owners in a case where the owners asked for and received permission to install solar panels at their own expense? The work was done by a qualified installer and a permit was issued by the local authority. We told the Board in writing that we would accept responsibility for any additional repairs or even shingle replacement if necessitated by the solar panel installation.
However, is the board able to super assess if we defaulted on this agreement?
Is such an agreement legal?
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3 Replies
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Ok, thank you for clarifying. Condo boards can special assess units, but they have to special assess all units equally – usually based on unit factors. The condo board cannot just levy a special assessment against an individual unit.
However, the condo corp can charge back actual costs to your unit depending on the circumstances.
If I understand your concern correctly, you installed a tenant improvement (solar panels) at your own expense. And you are asking if the condo corporation can make you responsible for any future costs? It is true that the condo corporation has a duty to maintain common property. As an example, if the condo corporation must replace the roof shingles in a couple of years, and they must move your tenant improvement in order to do that, then, yes, all costs associated with the corporation moving the tenant improvement for you so they can fulfill their duties would be charged back to your unit. Does that answer your question?
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