Townhouse Shutters

[TomD]

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

During a recent Storm, 2 shutters on my Townhouse 'blew-off'. I asked the Property Manager to have them re-attached, and was told it is my
responsibility. The following is the only thing published by the Association that I can find that addresses my situation...

Common Elements or Common Property (Association Responsibility): This includes all grass, sidewalks, roads, the outside of buildings
(including the siding), roofs, gutters, storage sheds, curbs, parking areas and the recreational facilities. The maintenance of these
elements is the responsibility of the Association.

Limited Common Elements (Homeowner responsibility, but the Association dictates what can or cannot be done in or on these areas):
This includes windows, screen and storm doors, doors, utilities, exterior lighting and the patio/balcony/deck. Homeowners are responsible
for the cleanliness and routine maintenance and repair of the Limited Common E!ements utilized solely by the unit owner. In certain instances
where the Limited Common Element is utilized by more than one unit, the responsibility for the care of said element may be that of the
Association. Contact the Association if you are unsure of a certain item.

My question is...

If I incur the expense to re-attach the Shutters, would I have a case in small claims court to force the Association to rimb

 

[sandyclaus]

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

During a recent Storm, 2 shutters on my Townhouse 'blew-off'. I asked the Property Manager to have them re-attached, and was told it is my
responsibility. The following is the only thing published by the Association that I can find that addresses my situation...

Common Elements or Common Property (Association Responsibility): This includes all grass, sidewalks, roads, the outside of buildings
(including the siding), roofs, gutters, storage sheds, curbs, parking areas and the recreational facilities. The maintenance of these
elements is the responsibility of the Association.

Limited Common Elements (Homeowner responsibility, but the Association dictates what can or cannot be done in or on these areas):
This includes windows, screen and storm doors, doors, utilities, exterior lighting and the patio/balcony/deck. Homeowners are responsible
for the cleanliness and routine maintenance and repair of the Limited Common E!ements utilized solely by the unit owner. In certain instances
where the Limited Common Element is utilized by more than one unit, the responsibility for the care of said element may be that of the
Association. Contact the Association if you are unsure of a certain item.

My question is...

If I incur the expense to re-attach the Shutters, would I have a case in small claims court to force the Association to rimb

Short answer? No. Sounds like those shutters fall under the "Limited Common Elements", which falls under homeowner responsibility - i.e., YOU. The Association can dictate what you can do, but the cost to install, repair, or replace falls upon the property owner.