Common Expense Assessments

[susan569]

My question involves a condominium located in the State of: CT

Hello,

In my condo, the backyards for all units are maintained by the association and the cost comes out of the common expenses. The sizes of the backyards vary greatly with some being 3-4x larger than others.

The condo bylaws state the following:

"Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned."

Currently all units pay the same amount in common expenses.

My question is - assuming that the backyards are limited common elements, does this mean the association should be assessing the backyard maintenance costs to each unit based on the size of their backyard? Since larger backyards cost more to maintain, should those units pay more than the ones with smaller backyards?

[SChinFChin]

My question involves a condominium located in the State of: CT

Hello,

In my condo, the backyards for all units are maintained by the association and the cost comes out of the common expenses. The sizes of the backyards vary greatly with some being 3-4x larger than others.

The condo bylaws state the following:

"Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned."

Currently all units pay the same amount in common expenses.

My question is - assuming that the backyards are limited common elements, does this mean the association should be assessing the backyard maintenance costs to each unit based on the size of their backyard? Since larger backyards cost more to maintain, should those units pay more than the ones with smaller backyards?

I owned condos and these issues come up. SOMEONE who proposes this should take the trouble of measuring the size of every back yard, come up with a NEW ALLOCATION formula, propose amendments to the bylaws, and commit it to a vote.

I have heard of such complaints, and when asked to go measure the back yards, and come up with a formula, these people head for the hills. It is also possible when it is all done with, someone would be paying a few dollars less, and someone be paying a few more.

In fact, a similar conversation like this came up and work. A co-worker split the gas bill with his LL 50/50 in a 2 family house. He says he only heats up a pizza in the oven a few times a month, and cooks a quick meal every night. He complains his LL cooks big meals, and uses the oven at least 6 days a week, compare to his use.

I told him to propose to the LL that he sit down and mark down how many minutes he cooks a night, how many minutes he uses the oven. Then I told him that he'll have to make a chart, and then ask the LL to do the same.

Finally, I told him my bill for cooking gas comes to a bit over $20/month, as I have separate meter for it from the heating, and my co-worker has the same deal. I asked the man that if he and his LL are done with filling out the charts on who used what for gas on which night, how much he expects to save on his $10/share every month. He said he expects his monthly gas bill to go down $5.00, from $10.00 to $5.00.

I don't know about most people, it seems a bit of work to save $5.00/month, don't you think?? I don't know what the results would be on back yard maintenace, but it'll probably be the same.

A further point. Gas meters here has fixed charge per month even if you don't use anything, with actual usage added on top. I told my friend he has to split the fixed charge 50/50, and then allocate the variable charge, so he won't even be saving $5.00/month, it'll be less than $2.50/month. I own rentals, and I know a neighbor with a yard twice as large does not pay exactly twice as much to mow a lawn because the landscaper spend the same amount of money on gas, truck, insurance for mowing a big yard versus a small one.

So if you ever came up with an allocation formula based strictly on area, expect to be challenged, as I would have a problem with it. I want to see a formula separating the landscapers fixed costs from his variable ones. I'm not paying twice as much for yard maintenance just because my yard is twice as large.

Oh, my co-worker decided not to go after his LL, as it appears to be too much work to come out with a fair formula, and especially for $2.50/month.