Question:
My 86 yr old mom purchases a HUD townhome in 2006. The bylaws clearly stated that she is responsible for the walls inside (which includes appliances, cabinets, flooring etc.) The Association was responsible for everything outside the home, including windows, siding, roof, walks, doors, garage door, stoop, etc.
We have learned that the HOA re-wrote their HOA Bylaws in 2009 stating that She, as a condo unit owner, is responsible now for all EXTERIOR as well as interior items.
My question is “If she purchased her home with a set of bylaws that state she is NOT responsible for the outside of the unit, and they changed the bylaws to say that she is NOW responsible for the exterior as well…wouldn’t she be grandfathered in? She made her decision to purchase said unit based on that she is not physically or financially able to care for the exterior of said home. It also means she is having to purchase a different type of policy, since she currently has an HO-6 (condo policy) There is ONE adjoining unit to her home. How can they change it? ”
This is causing her distress. And since I am not trying to manage things for my aging parent (I live in N Carolina) it is causing me stress!!
Thank you for any information you can share, including anyone I can call to discuss this. Just does not seem right or fair!
– Lisa
Answer:
Hi Lisa,
If the amendment was valid, you may ask the HOA board to see whether certain unit owners may be grandfathered in. However, it may be difficult if most units make the same request. Otherwise, the unit owner may be responsible for the exterior as amended. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
