Question:
A BOD member is suggesting the Association allow co-owners to place storage sheds on an unused lot on Association property.
Besides the difficulties of trying to maintain appearance and architectural continuity, and not all owners being able to participate due to cost, what other issues should we be aware of before making a decision on this issue?
Should we be charging additional fees for co-owner use of additional Association property? etc?
– Steve
Answer:
Hi Steve,
The HOA may need to consider who will be responsible for maintenance and repairs. If it is treated as a common area, then everyone pays for maintenance equally despite not everyone being able to use it. If it is treated as a limited or exclusive use common element, the cost of maintenance is often divided among the homeowners who can use it, depending on the terms of the governing documents.
There may also be legal zoning laws or local ordinances that must be followed before constructing sheds. It may also impact the HOA’s insurance as additional structures may create additional liability risks. Security may also be a concern as the sheds may or may not be guarded. Moreover, it may set a precedent for other homeowners to ask for personal-use common areas in the future.
As for the fees, the board may decide whether to charge a fee to use the property, depending on what’s allowable in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
