Exclusive Use Area Repair-whose Problem Is It?

As with most association related issues, the governing documents of the association will dictate who is responsible for the repair and replacement of exclusive use areas. An exclusive use area is a common area of the association designated for the exclusive use of one unit. Some of the most common examples are patios or balconies. Unfortunately, this dual nature makes them frequent subjects of dispute over responsbility for repair.

To illustrate, imagine each unit in a condominium association contains a balcony. Numerous reports of water inflitration have been submitted. The association hires consultants to inspect the waterproofing and the balconies.

The governing documents state that the individual unit owners are responsible for the cost for any damage and repairs. The association informs owners of the responsibility and lines up a contractor for the owners to hire and pay for at their expense. If the owners chose to they can use their own contractor to perform the required repairs.

One member disagrees and suggests the repairs are the association’s responsibility because the balconies are common areas. This member states that he will hire his own contractor; however, after a reasonable period of time to perform the repair, no work is done. Therefore, to protect the association, the board repairs the balcony and assesses the unit owner for the repair. The owner refuses to pay and the association sues for payment.

Who was correct? The association, because an exclusive use area of the common area is an area designated to the sole and exclusive use are of a unit owner. No other unit owner has the opportunity or ability to use it. Nothing in the governing documents removes the responsibility of repair for this area from the owner. In addition, the documents allowed the association to assess the unit owner for work done to the exclusive use areas of the common area on the owner’s behalf.

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