Who Is Responsible?
WHO IS RESPONSIBLE
SECTION VI
MAINTENANCE, UPKEEP AND REPAIR
Residences.
By the Association. The Association shall maintain, repair and replace at the Association’s expense:
(i) All common elements, including portions of the Residence, except interior surfaces, contributing to the support of the building, which portions shall include but not limited to load-bearing columns and load-bearing walls, all conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services contained in the portions of a residence maintained by the Association; and all such facilities contained within a residence that service part or parts of the regime, including other residences, other than the residence in which they are contained. Interior surfaces of a Residence shall be maintained by the CO-owner.
(ii) All incidental damage caused to a residence by such work shall be promptly repaired at the expense of the Association.
By the Co-owner. The responsibility of the Co-owner shall be as follows:
(i) To maintain, repair and replace at his/her expense all portions of his/her residence other than those portions to be maintained, repaired and replaced by the Association, including, but not limited to, service equipment such as dishwasher, refrigerator, oven, stove, hot water heater, whether or not such items are built-in equipment, and interior fixtures, such as electrical and plumbing fixtures, and floor and wall coverings. Such shall be done without disturbing the rights of other Co-owners.
(ii) No Co-owner shall paint or otherwise decorate or change the appearance of any portion of the exterior of the regime property.
(iii) To promptly report to the Association any defect or need for repairs, the responsibility for the remedying of which is that of the Association.
Common Elements
By the Association. The maintenance and operation of the common elements, both general and limited, shall be the responsibility of the Association and a common expense, except that the cost of such maintenance and operation of limited common elements used exclusively by one or more but not all of the Co-owner(s)using such limited common elements; provided, however, that in case of emergency and in order to preserve the property or for the safety of the occupants a Co-owner may assume the responsibility therefor, and he/she shall be relieved of responsibility for his acts performed in good faith and reimbursed for his expense by the Association when approved by its Board of Directors.
The Association shall have the power to determine the use to be made of the common elements from time to time, unless the use thereof is otherwise specifically provided for herein or in the Master Deed, provided that no such use shall discriminate against a Co-owner except as may be provided in the Master Deed or exhibits thereto. The Association may establish reasonable charges to be paid to the Association for the use of general common elements not otherwise inconsistent with other provisions of the Master Deed, the Charter or these By-Laws.
