u/ironmanreddog

▲ 0 r/HOA

HOA - Skylights are common elements or limited common elements, [pa] [condo]

Location: Pennsylvania - Condo HOA - Condo board recently changed skylights to a limited common element based on the PA Uniform Condo Act stating windows serve the purpose of that unit thusly is a limited common element. I’ve argued windows and skylights are different and the skylight is part of the roof system. Sure the window allows light in, but the surface protects all units below it.

I’ve checked the CCRs and there is no mention of skylights and the window portion only comes from the condo act. We do have precedent set by the board that repairs have been performed and skylights have been replaced as no other board has wanted to touch this item due to it not being clear.

In my opinion with them setting legal precedent of paying for repairs/replacement since the building and association was established and that it was developer installed they dont have sufficient legal standing. Their attorney sided with them of course, but i feel like they framed it as such to get their sign-off. Also i don’t believe anyone will challenge them.

Section 3202 (2) and (4) of the Act – Unit Boundaries are really all that impacts this issue.  They are as follows:

o   (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

o   (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

My opinion is based on item 2 and 4…sure it’s transparent like a horizontal window so you win that argument condo board, but it’s designed different to handle higher loads and elements and the surface serves the purpose of more than one unit.

Any opinions on this matter if skylights should be common elements so repairs, replacement and maintenance should be association responsibility?

I’m in the process of getting legal representation and getting a consult as I feel they are not legal and this is a slippery slope to move costs to owners.

I’m hoping Reddit community can come through with opinions and suggestions on this matter

reddit.com
u/ironmanreddog — 5 hours ago

Pennsylvania - HOA - Skylights - Common Element or Limited Common Element

Location: Pennsylvania - Condo HOA - Condo board recently changed skylights to a limited common element based on the PA Uniform Condo Act stating windows serve the purpose of that unit thusly is a limited common element. I’ve argued windows and skylights are different and the skylight is part of the roof system. Sure the window allows light in, but the surface protects all units below it.

I’ve checked the CCRs and there is no mention of skylights and the window portion only comes from the condo act. We do have precedent set by the board that repairs have been performed and skylights have been replaced as no other board has wanted to touch this item due to it not being clear.

In my opinion with them setting legal precedent of paying for repairs/replacement since the building and association was established and that it was developer installed they dont have sufficient legal standing. Their attorney sided with them of course, but i feel like they framed it as such to get their sign-off. Also i don’t believe anyone will challenge them.

Section 3202 (2) and (4) of the Act – Unit Boundaries are really all that impacts this issue.  They are as follows:

o   (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

o   (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.

My opinion is based on item 2 and 4…sure it’s transparent like a horizontal window so you win that argument condo board, but it’s designed different to handle higher loads and elements and the surface serves the purpose of more than one unit.

Any opinions on this matter if skylights should be common elements so repairs, replacement and maintenance should be association responsibility?

I’m in the process of getting legal representation and getting a consult as I feel they are not legal and this is a slippery slope to move costs to owners.

I’m hoping Reddit community can come through with opinions and suggestions on this matter.

reddit.com
u/ironmanreddog — 7 hours ago

[Landlord - PA] Using a realtor vs Landlord listing and showing

Wanted to get some feedback from the community. New landlord with 3 years under my belt. I purchased the door from family and they always used a realtor to get people in the door for 1 month rent. It worked for them and for me with 1 tenant of 3 years.

Through all your helpful posts I have set up an account on apartments.com to screen and use it as a payment method. In just several weeks I’m seeing how easy it is to field questions and get leads. This was something I wanted to avoid, but since I found my realtor didn’t even do background checks anymore all they are doing is opening a door.

So with that said I’m 2 hours from my rental with a family and insane weekly kids activities. Running up to the rental for a showing could only done on weekends. I’ve heard people do open houses and I can easily stack showings.

Am I limiting filling the unit if i self show on weekends? My unit in furnished so I can use it when it’s not rented so it’s not end of the world if it’s not rented right away, but it does hit the bottom line. I know I’m kind of answering my question myself that a realtor is quite expensive when rent is well over $2k.

Any advice would be greatly appreciated. Thanks

reddit.com
u/ironmanreddog — 4 days ago