Maintenance on Condo Stairs- Who is Responsible?

[jtikekar]

We are owners in a small, 8-unit condo association. It is a large historical building devided into 4 upstairs and 4 downstairs units.

Several years ago, the upstairs residents built 2 decks, which are available for use only to the 4 upstairs units. Part of the construction included a walk way at the top of the building to provide access for building maintenance, and stairs that provide direct access to the parking lot as well as a fire exit for upstairs residence.

Part of the agreement when it was built was that the upstairs residence were responsible for maintenance, etc. This is also included in the by-laws. However, there is plenty of language that slightly contradicts this. For example, the association must maintain areas necessary for safety or maintenance of the building.

Of course, 10 years have past, the stairs are in need of repair, and the owners upstairs want the association to pay for it. They argue that the association needs the stairs to access the roof and walkway along the roof when we maintain the building.

These stairs are used daily by the residence upstairs, and residence downstairs have otherwise no benefit.

Any recommendations on how to resolve this?

 

[presutin]

Without seeing the document and since the by-laws language is contradictory the only advise one can give you here is for you to consult with an attorney in your area so s/he can clarify what limitations that language has imposed on the issue and/or clarify what can be interpreted by them.