Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding how to make owners responsible for unit changes and possible building damages . . .
QUESTION: We have a radiant heat system in our ceilings that is failing and not replaceable. Owners want to install a mini-split system on their balconies. How can we hold owners responsible for potential damage to the building? Is there a legal mechanism we can use? – Dena B.
ANSWER: Yes. You want current owners and future owners to maintain and repair the mini-split systems, plus any damage they may cause to the common areas and other units. That can be accomplished by recording a covenant against each unit. The covenant is prepared by the association’s legal counsel and signed by the owners of each unit and recorded by the association. This is done BEFORE the owner installs the mini-split. Once that is done, it binds the current and all future owners of each unit.
DISCLAIMER. Reprinted from Davis-Stirling.com by ADAMS|STIRLING PLC. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.
