[NC] [TH] Coverage for deck repairs/replacments
Hey all, HOA member finding themselves in a bit of a pickle (I.e. about to drive my head into a wall)
Townhome property (about 190 units). Some properties have decks, most don’t. It’s an old community so we have an idea of which decks were original builds vs. put in by homeowners. Historically the HOA has not covered deck repair/replacement, but the past couple years this has moved into a grey area. Our responsibility chart has inconsistencies with our covenants, we’re currently getting that worked out with our lawyer but since our language is so vague (HOA responsible for exterior surfaces) here’s the pickle: are decks considered external surfaces under HOA or not. Our lawyer has changed their stance to yes (which is a shift from previous years), but their paralegal who just worked on revisions with the responsibility chart said no. So even their team can’t get a firm stance. But ultimately he said it’s on us to make the decision.
Anyone in a similar community or have similar vague verbiage? Other board members won’t make a firm decision so I’m trying to gauge from other similar properties where that responsibility lies.
I’m of the mindset that decks are under homeowners - especially since 1) that’s been the understanding since the 1980s and 2) this is something that is only a benefit to a small number of homeowners not all (such as siding, concrete slabs, fencing that all units have).