Q What
responsibility does a unit owner in a high-rise condominium have for
external doors, windows, balcony railings or roof decks? Does a unit
owner have any direct responsibility for more than the internal space
and contents of his or her unit?
AThe answer to
your question should be found in your legal documents. In a
condominium, there are three basic legal instruments: the declaration,
the bylaws and any rules and regulations.
The declaration is, in effect, a deed that establishes and
defines the condominium and that recites the manner in which the
developer (also called the declarant) desires to submit the property to
a condominium regime. The declaration describes such matters as the
boundaries of the units, the items and areas that will make up the
common elements, including limited common elements, if any, and a
determination of the unit owner's percentage interest in the common
elements.
Your bylaws are the bible for the
day-to-day operation of your condominium association. The bylaws
provide for meetings and voting, the manner in which the condominium
budget should be prepared, the determination and handling of
assessments, the filing of assessment liens, the nature of insurance
coverage, and restrictions on the use of the units and the common
elements.
The bylaws also provide that the board of
directors of the association has the power to establish rules and
regulations governing the use of the condominium.
Boards
of directors usually will adopt rules and regulations that cover
matters that either are not contained in the bylaws (such as how and
where to store bicycles), or that need further amplification. For
example, the bylaws may allow pets. The board can enact a rule spelling
out the rights and responsibilities of pet owners.
