BALCONY MAINTENANCE DUTIES

Balcony leaks are a serious issue for most associations because of the significant damage to units and surrounding common areas they cause. Water intrusion can damage ceilings, walls, carpets and hardwood floors, and lead to mold in the walls.

Responsibility for maintaining balcony waterproofing is rarely addressed by CC&Rs, and associations split over maintenance responsibility (and damage). Following are the two main approaches used by associations:

• Owner Responsibility. Many associations adopt the policy that owners are responsible for waterproofing their balconies because the balcony is exclusive-use common area. Not only do owners have exclusive use of their own balconies, they sometimes abuse them by putting large potted plants on them which damage the waterproofing membrane. Damage occurs from the constant watering of the plants, from the fertilizers used on the plants, from the weight of the pots, and from dragging pots across the surface. In addition, many owners put tile or indoor/outdoor carpet which result in leaks. Attempts by the association to maintain the balcony then creates disputes over the cost of repairing and/or replacing carpeting and tile. As a result, many associations assign responsibility for maintenance and waterproofing to balcony owners.
   
• Association Responsibility. Some associations have decided to assume responsibility for balcony waterproofing because they want to ensure that the decks are properly maintained and waterproofed. Boards add a line item to their reserves so that all decks can be resurfaced on a 5-year cycle (this may vary depending on the type of waterproofing system used). These associations must also factor in administrative time and money for scheduling access to owners' units and security issues, plus the problem of removing items from balconies and the inevitable damage-claims for such items.

Regardless of the waterproofing policy adopted by the board, the association would still be responsible for maintaining the structural elements of the balcony (although, they may be able to bill the owner for any damage to the structure caused by the owner's negligence). Boards should adopt written standards for maintaining balconies and then evenhandedly enforce those policies.

If you need assistance preparing rules or amending your CC&Rs, contact us for a quote.

Updated by ADAMS KESSLER 8/29/2008