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Community Update, Volume 6, 2016

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In this Issue:

Reclassifying Property as Common Elements for Maintenance Purposes

Provides insight on Reclassifying Properties as Common Elements for Maintenance Purposes. It may not always be the case that an owner is responsible for property and utilities that serve only their individual units. It is important to look at the Declaration and its delineated unit boundaries, common elements and limited common elements. If it becomes necessary to reclassify a portion of the common elements to make an owner responsible for the air conditioner which serves solely their unit, The Condominium Act provides a means for doing so.

Material Alteration to a Common Element vs. Material Alteration of Appurtenance to Units

Learn how to navigate the rough waters of material alteration waters. To “palpably or perceptively vary or change the form, shape, elements or specifications of a building” results in a material alteration which requires a vote of the Board or Membership depending on the language in the governing documents. In those situations where a change to the common elements would foreclose the owner’s ability to use those common elements, there is a material alteration of the appurtenances to a unit. Such a change is not permitted without a member and lienholder vote.

Our High-Rise Building Opted Out of Fire Sprinklers, Now We Have To Do What?

A guide to fire sprinkler retrofitting requirements. Our State Fire Marshal clarifies Engineered Life Safety System (“ELSS”) Requirements and Deadlines. Even if a community opts-out of the fire sprinkler retrofit, an ELSS would still be required in high-rise buildings if compliant automatic sprinkler systems are not present or if all of the dwelling units do not have exterior exit access.

Did you Know?

We highlight our complimentary online collection and foreclosure monitoring system, ProLaw. All Becker  & Poliakoff clients have access to the system to check the status of any delinquent assessment account they have asked us to handle for them. It is a simple way to know what is going on 24/7.

Summer is giving way to Fall and many communities are taking on the next phase of 2016 maintenance, with a goal toward finishing up for the year-end holidays.

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