Did you know that Section 307(1) of CCIOA requires post-CCIOA associations to maintain common elements (including general and limited common elements) and owners to maintain their units in absence of a statement to the contrary in the declaration? Did you also know that this same provision authorizes associations and their agents to enter units for the purpose of providing such maintenance?
If your association was created after July 1, 1992, and the governing documents are silent on the issue, Section 307(1) of CCIOA comes into the picture setting forth default maintenance obligations for both associations and owners. Specifically, Section 307(1) provides that absent a contrary requirement in the declaration, owners are responsible for the maintenance, repair, and replacement of their units and everything inside their units.
Section 307(1) also requires associations to maintain, repair, and replace common elements in a community. The definition of “common elements” in CCIOA includes both general and limited common elements. So absent a contrary requirement in the declaration, post-CCIOA associations must maintain, repair, and replace all general and limited common elements in their communities.
In the case of many condominium communities, access to certain common elements is only possible by entering a unit. In those situations, Section 307(1) requires owners to allow associations and their agents to access units if such access is “reasonably necessary” for the purpose of maintaining, repairing, or replacing common elements. Therefore, if your community was created after CCIOA and your declaration is silent concerning access to units, your association can still utilize Section 307(1) of CCIOA as legal authority for gaining access to units for the purposes stated above.
But be careful because any damage caused by an association, or its agents, to a unit while maintaining, repairing, or replacing common elements accessible through such unit, will be the obligation of the association to repair. By the same token, any common element damaged by an owner while maintaining his/her unit must be repaired by such owner at his/her expense.
If you have questions or want to know more about default maintenance requirements or unit entry rights, please contact a HindmanSanchez attorney at 303.432.9999.