Board Won’t Maintain Condo Common Areas

Question:

How can I get my condo board to get our building clean? They do nothing but maintain low HOA’s while the public spaces deteriorate. I’m embarrassed to bring people here. There’s nothing in our bylaws about maintenance related to cleaning or cosmetic improvement. I can’t get into my board now 3 years in a row we bought almost 4 years ago. Board members only make improvements when they list their units for sale. We had new flooring and carpeting in 2019 when the board president listed his unit for sale I heard. Building was built in 2007. It seems difficult trying to vote off a board member. What’s my recourse?

– Sheril

 

Answer:

Hi Sheril,

First, review your governing documents. Even if maintenance specifics aren’t listed, most condominium declarations or bylaws give the board responsibility for maintaining common areas. Alabama law generally requires boards to act in the community’s best interest.

The Alabama Uniform Condominium Act of 1991 also addresses the upkeep of condominiums under Section 35-8A-307. It states that “Except to the extent provided by the declaration, subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit.”

Present your findings and this provision to your board. Let them know that they have a duty to maintain the common areas of the condominium. Document your concerns and submit them to the board. Talk to other residents who may share your concerns and ask them to co-sign the request.

If your board remains inactive, you might consider removing them. You may refer to a previously answered question for more information: https://www.hoamanagement.com/ask-an-hoa-manager/removing-an-hoa-board-member-in-alabama/

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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