Common elements expense - who pays?

[rrazzorr]

What is the name of your state (only U.S. law)? NY

Folks,
Need your advice, I live in a NYC condo with three units, all occupied by the owners. There is no management company that supervises the association however we do have an association. Recently a segment from my balcony (bottom panel, below the beams), broke-off and collapsed onto a neighbor's balcony below mine. Beams are secure and in place, if that matters. (bottom cover, fell flat down on neighbor's balcony).

According to the condo book balconies are referred as 'limited common element', I am under impression the remedy to this situation should be the responsibility of the association from the commonly collected funds; neighbor below feels its my own responsibility to fix this all up, clean up the debris and pay for her damage.
I filed a claim with Hazard insurance (common building insurance), waiting to schedule a date with adjuster. Meanwhile I'd like to understand my rights and if I am accurate on my assumption that structural damage to the common element is not my responsibility and should be collectively remedied by the association.

Here is a quote from the by-laws.

"The main limited common areas in the building shall be the balcony and terrace areas. They shall be limited common areas, to the units from which they are directly accessible."

"Unit Owners who enjoy use of Limited Common Element are responsible for regular repair and maintenance of such Limited Common Element such as cleaning, painting, repair to surface damage, etc. Damage to the structural or mechanical systems serving such Limited Common Element (except where directly caused by act or omission of the Unit Owner, their agents, employees or invitees) are the responsibility of the Condominium through the Board of Managers."

"Limited Common Elements are those areas appurtenant to a particular Unit or Units, the use of which is restricted to the Owner(s) of such Unit or Units, but which are not owned by that Unit Owner. Thus, in this Condominium, the balcony areas, as well as the enclosed parking area at the basement floor level, are Limited Common Elements."

Thanks for your comments!

 

[festival]

Did you do anything to cause the problem, such as excessive weight, vibration, drilling, modification, etc.?

Sometimes water penetration will cause damage and rot that will lead to this type of problem.

Did you maintain the surface as required by your documents? Any holes, missing or loose caulk, cracks, or water penetration?

Before this happened, did you notice any problems or water penetration, but not bring them to anyone's attention?

Did your neighbor notice a problem, such as a leak, water stain, crack, but not bring it to anyone's attention? Is there a water stain now?

 

[OK-LL]

The bottom exterior surface of your balcony (constituting the ceiling surface of the lower unit's patio/balcony) is an exterior surface of the building and typically all exterior surfaces of the building are the pervue of the HOA, with the exception for regular & routine maintenance as listed in your quote from the HOA docs. The failure of this horizontal surface materials does not seem to be something that would have been avoided by the type of regular & routine maintenance described in the HOA docs. I think you have a good argument that the HOA should cover the repair or reinstallation of the balcony's bottom exterior .