Reader Questions - Who Pays for Skylight, Seeking Minutes

board members c c & rs h o a homefront reader questions Mar 24, 2014

Who Pays for Skylight?

Dear Kelly,

I have been paying HOA dues for over 25 years. Part of the payment was a reserve for the replacement of the roofs. Some of the units are two stories with skylights. The roofs are now being replaced. As part of the re-roofing project all skylights must be replaced in order to retain the warranty on the roofs. I have been advised that unit owners with skylights are expected to pay for the cost of replacing the skylight. It certainly seems to me that skylights are part of the roof. What do you think?

Thank you,

D.M., Irvine

Dear D.M.,

Your association Condominium Plan should indicate whether skylights are common area. I assume so, since roofs and roof areas are normally common area. The next question is whether it is exclusive use common area. Exclusive use common areas are hopefully defined by your CC&Rs. If your CC&Rs do not say otherwise, the default definition comes from Civil Code 4145(b). Although skylights are not mentioned, the statute says an analogous item, windows, are exclusive use.

What do your governing documents say about exclusive use common areas? Some governing documents state whether homeowners are responsible to repair such areas, but if nothing is said about exclusive use areas or skylights in particular, the association has repair responsibility under Civil Code 4775.

Your association’s lawyer can sort all this out, but if the skylight is not specifically designated your responsibility, I question how the board would justify charging you for it (although either way you pay, through your assessments or directly). Also, did the association’s reserve study anticipate replacement of the roof AND the skylights?

Thanks,
Kelly

Seeking Minutes

Mr. Richardson,

It’s my understanding associations are required to provide minutes of regular board meetings, (not executive sessions) when requested and the association is entitled to reimbursement. What advice would you offer when the board and the management company have not responded to multiple written requests?

In addition, years ago the board billed me for damage to a balcony, claiming my tenant caused the problem. I responded to this at a board meeting and in writing which has stopped further action. But, the board has not taken the final step to write indicating that this claim has been withdrawn.

Thanks,

J.I., Irvine

Dear J.I.,

Draft minutes must be available within thirty days of any open board meeting, under Civil Code 4950. Approved minutes must be provided to the requesting member within the same thirty day time frame, under Civil Code 5210(b)(4). Sometimes members will ask for minutes containing discussion of a specific subject, but a manager or board is not required to research that. If a member asks for copies of minutes of specific meetings, and pays the cost, they must be provided.

Your association’s demand for reimbursement regarding the balcony was made before this year. Now, Civil Code 5855 requires a board to conduct a hearing before it bills a member for damage caused to common area. I have no quarrel with an association trying to hold the landlord responsible for damage a tenant causes. Associations normally have no legal relationship with the tenant but do have a relationship with the owner, and will obtain reimbursement by demanding it from the owner first (who then will demand it from the tenant).

Thanks for the question,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.