M
Mrs. Henderson
Guest
What is the name of your state? CA
We are in the process of voting on a large assessment to repair & maintain common areas in our 7 unit condo complex. We are trying to understand the C, C & R's. One tenant seems to think the following paragraph means if we don't pass the vote for the assessment (we need 6 of 7), no one (nor the HOA) can be held liable. I think it means no one is liable in the event someone is injured due to not maintaining the building (which we have an oligation as members of the HOA to do). I don't think it lets us off the hook in terms of feeling free to not have to make repairs when needed (i.e., a leaky roof).
Take a look and let me know what you think.
Thank you in advance.
"Limitation of Liability.
Neither the Declarant nor its agents or employees nor the Association, nor Board or Directors (nor any member thereof), nor its officers (nor any of them), or the Manager nor his staff shall be liable for any failure to provide any service or perform any duty, function or responsibility designated, or provided in this Declaration or in any other Condominium Document to be performed by the same, or for injury or damage to persons or propertry caused by fire, explosion, the element or by another Owner or persons in the Project or resulting from electricity, water, rain, dust or sand which may leak or flow from outsidfe any Unit or form any part of any Building or from any pipes, drains, cinduits, appliances or equipment, or from any other place or cause unless caused by the bad faith of Declarant, the Association or its Board or officers, or the Manager or his staff."
We are in the process of voting on a large assessment to repair & maintain common areas in our 7 unit condo complex. We are trying to understand the C, C & R's. One tenant seems to think the following paragraph means if we don't pass the vote for the assessment (we need 6 of 7), no one (nor the HOA) can be held liable. I think it means no one is liable in the event someone is injured due to not maintaining the building (which we have an oligation as members of the HOA to do). I don't think it lets us off the hook in terms of feeling free to not have to make repairs when needed (i.e., a leaky roof).
Take a look and let me know what you think.
Thank you in advance.
"Limitation of Liability.
Neither the Declarant nor its agents or employees nor the Association, nor Board or Directors (nor any member thereof), nor its officers (nor any of them), or the Manager nor his staff shall be liable for any failure to provide any service or perform any duty, function or responsibility designated, or provided in this Declaration or in any other Condominium Document to be performed by the same, or for injury or damage to persons or propertry caused by fire, explosion, the element or by another Owner or persons in the Project or resulting from electricity, water, rain, dust or sand which may leak or flow from outsidfe any Unit or form any part of any Building or from any pipes, drains, cinduits, appliances or equipment, or from any other place or cause unless caused by the bad faith of Declarant, the Association or its Board or officers, or the Manager or his staff."