Some CC&Rs are very clear making the HOA responsible for all balcony repairs and maintenance. Other CC&Rs are very clear making each homeowner, in control of a balcony, responsible for balcony repairs and maintenance.

Unfortunately, many CC&Rs are unclear on the subject resulting in disputes, litigation and inconsistent decisions regarding balcony repairs and maintenance.

Also, often times, boards are not satisfied with the language in their CC&Rs regarding balcony repairs and maintenance even though the language is clear.

All of the issues discussed above can be addressed with a simple amendment to an association's CC&Rs.

Amending CC&Rs requires a vote of the membership utilizing the secret ballot process.