|The Condominium Declaration for Manhattan Condominium filed March 12, 1984, states:
Section 2.4. “Maintenance Responsibilities.
The Revised and Restated Bylaws of 1999, state:
Article V, Section 5. Maintenance, Repair, Replacement, and Other Common Expenses.
a. By the Board of Directors.
provided, however, that Unit Owner shall perform all repair, replacement, and
maintenance on the Limited Common Elements appurtenant to this Unit and any portion
of the remaining Common Elements which the Board of Directors pursuant to the rules
and Regulations has given him permission to utilize, including, without limitation, the
items enumerated in subsection b. hereof.
(The Declaration does not specifically define Limited Common Elements, but rather
states: Section 1.2. Defined Terms. Terms not otherwise defined herein or in the plats,
plans, or Bylaws shall have the meanings specified in Section 2 of the Condominium Act.)
|Notwithstanding the ownership of various portions of the Common Elements and the
Units by virtue of the foregoing boundary description, the provisions of the Bylaws shall
govern the division of maintenance and repair responsibilities between the Unit Owner
and the Association.”
|The Board of Directors shall be responsible for the maintenance, repair, and replacement
(unless, if in the opinion of not less than two-thirds (2/3) of the Board of Directors such
expense was necessitated by the negligence, misuse, or neglect of a Unit Owner) of all of
the Common Elements, but not the Limited Common Elements, as defined herein or in
the Declaration, the cost of repair of the Common Elements shall be charged to all Unit
Owners as a Common Expense;
and last pages, above the
signature of E. W.
Sargent, the developer
from whom I bought my
condo personally, and he
was the Realtor, broker
that the cost of
repair of the
shall be charged to
all Unit Owners as
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