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

Answers:

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.


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