Quick Answer: Does Hoa Cover My Balcony?

What is considered common area in Hoa?

A common area is, in real estate or real property law, the “area which is available for use by more than one person…” The common areas are those that are available for common use by all tenants, (or) groups of tenants and their invitees..

Can you sue Hoa negligence?

A homeowner has the right to sue the HOA for breach of its fiduciary duties. To fulfill these duties, the HOA must exercise ordinary care, in a reasonable and good faith manner, in the performance of its duties. … A homeowner might also sue an individual board member for breach of fiduciary duty.

Can you smoke in condo balcony?

NEA guidelines do not prohibit smoking in private residences. … On the other hand, residents of HDB flats are free to smoke on their balconies. Under HDB’s ruling, balconies come under private property and are therefore not included in the NEA’s list of non-smoking areas.

Is Hoa responsible for balcony repairs?

(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any …

Is Hoa responsible for balcony repairs in California?

In fact, California has recently passed a law to clear up the confusion. The bill covers exclusive-use common elements, which in some areas are called limited common elements. … Under the new law, unless California CC&Rs say otherwise, the association is responsible for repairing and replacing them.

Will Hoa cover foundation issues?

The hoa is responsible for maintenance of the foundation. The hoa is also responsible to do a good job maintaining and repairing the foundation. If they do not do a good job, then the hoa is responsible for water damage that results from their faulty repair.

What does the HOA insurance cover?

If you belong to a homeowners association, you typically pay for two types of property insurance: home or condo insurance and HOA insurance. … Also referred to as the master policy, HOA insurance covers physical damage to shared spaces and general liability if a guest is hurt in communal areas.

Are Windows Hoa responsibility?

CC&Rs typically state only that maintaining the windows as the responsibility of the homeowner, and the repair and replacement of the window as the responsibility of the association. … If your HOA has CC&Rs that do not address window replacement, the board should review the matter with their attorneys.

What repairs are HOA responsible for?

California Civil Code § 4775 provides the general allocation of maintenance responsibilities between associations and individual homeowners as follows, “unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area …

Is a balcony considered common area?

Balconies or patios are part of the common elements because they are outside the boundaries of a unit. They are considered limited common elements because their use is limited to the owner or resident of the adjacent unit. … Generally, the owner is responsible for these areas, including the surface and railings.

Does Hoa cover structural damage?

HOA condo insurance covers parts of the structure and grounds that include common areas, the exterior walls and roof. It doesn’t cover damage inside an owner’s unit.

Can a HOA sell common area?

Yes, You Can Sell Common Elements–Usually “But generally you can withdraw any portion of the common area upon which no unit has been added if the master deed doesn’t prohibit it, sell it, and distribute the money to the owners.”

What does HOA include?

What Is a Homeowners Association Fee? … For condominium owners, HOA fees typically cover the costs of maintaining the building’s common areas, such as lobbies, patios, landscaping, swimming pools, and elevators. In many cases, the fees cover some common utilities, such as water/sewer fees and garbage disposal.

Can Hoa control backyard?

In most instances, that I have seen, it is permissible for you to configure your backyard areas, as you wish; provided you don’t directly attach a structure to the house, such as an enclosed Patio, without written consent from the HOA.

What are the signs of a bad foundation?

The 8 Most Common Signs of Foundation Problems Include:Foundation Cracks, Wall/Floor Cracks and Other Types Of Fractures: … Foundation Settling Or Sinking. … Foundation Upheaval. … Doors That Stick Or Don’t Open And Close Properly. … Gaps Around Window Frames Or Exterior Doors. … Sagging Or Uneven Floors.More items…•

How much weight can balcony hold?

Overloading a balcony could result in a safety hazard that puts you or someone else in danger. That being said, generally speaking, balconies are load-rated to 50-100 pounds per square foot. Although, there’s a chance that your balcony was structurally built as a patio, which may change its load rating capacity.

Can I have a fire pit on my apartment balcony?

Yes, a fire pit can be used safely and legally on a balcony. However, it is advised that prior to setting up a fire pit on a balcony, state and local laws, homeowner’s association covenants, rental agreements/apartment building rules, etc. are consulted and adhered to.

Is Hoa responsible for pipes?

Unless there are governing documents that have other provisions, the HOA is responsible for the repair, replacement and maintenance of all plumbing in the common areas. Unfortunately, when there is a leak in one unit, it tends to cause problems to other residents in the association.