can a condo board refuse to do repairs on a individual common area

when I asked my condo assoc. to repair the railing in the rear of my condo, the response was once they made arrangements with all 1st floor unit owners they will address the issue of the railings. Can they lawfully not do repairs on a individual basis?

Asked on September 7, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, if they are (as we assume from your question) responsible for this area, they have to make the repair within a "reasonable" time frame. Unfortunately, "reasonable" is not defined--it is subjective, and varies from situation to situation. It is reasonable to wait some period of time to be able to due repairs en masse, so as to do them in cost-efficient or less disruptive manner, rather than doing them catch-as-catch-can. Clearly, though, at some point they have waited so long that the delay is not reasonable. But as indicated, there is no objective line as to when you have waited too long for repairs and the delay is not reasonable; that would have to be decided, if you litigate the issue, on a case-by-case basis by a judge, looking at all the surrounding facts.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.