Q&A: Maintaining Common Areas

Q Can you please tell me if a shareholder has any right regarding the maintenance and upkeep of a building's common area, especially in a case where said area has begun to affect said shareholder's property detrimentally?

—No Curb Appeal in Coral Gables

A “If the question pertains to the reader's right to maintain the common areas (or the common elements) if the association is not properly maintaining the property, the answer could depend on the context and wording contained within the governing documents,” according to David G. Muller, an attorney and shareholder with the law firm of Becker & Poliakoff in Fort Lauderdale. “The owner likely has the right to take legal action to force the association to adhere to its maintenance obligations. Can the owner legally make the decision on their own to maintain the common area (if the association refuses) without first going to court (and seeking an order from the court)? This is an interesting issue, that would require more facts before a clear answer could be formulated.”

Related Articles

Q&A: Renting Out a Condo

Q&A: Renting Out a Condo

Q&A: Serving on Two Boards

Q&A: Serving on Two Boards

Q&A: Where Do We Go When Management Commits Fraud?

Q&A: Where Do We Go When Management Commits Fraud?