You can’t properly answer this question without looking at the documents and at the language, if any, in the architectural approvals when the expansions were permitted. The Association should seek an opinion from their legal counsel.
Stephen R. Buschmann
Thrasher Buschmann & Voelkel
Market Square Center
151 N. Delaware St., Suite 1900
Indianapolis, IN 46204-2505
It is difficult to answer this without seeing the Governing Documents. If there is a process in place for approval of patio enlargements, and all required approvals were received, and the Governing Documents do not differentiate between original and expanded patios, then the Association may be responsible for the repair of the expanded patio.
On the other hand, if approvals to expand were required and not received, or the Governing Documents distinguish between original and altered patios, then the Association may have more limited (or possibly no) maintenance responsibility.
This question should be referred to the Association’s counsel who can review the Governing Documents and applicable law and give a legal opinion.
Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
In order to answer the question, I would have to review the specific language in the Declaration.
Under Minnesota law (if this were a Minnesota association), the Association would have the ability to assess the costs of maintaining and repairing limited common elements to the owner of the unit in question.
David G. Hellmuth
Hellmuth & Johnson
8050 West 78th Street, Minneapolis, MN 55439