Oakbrook Townhouses Policy on Modifications to Rear and Side Common Area

Oakbrook Townhouses Policy

for Maintenance of the Rear and Side Common Areas

This policy is intended to provide guidance to the Board and membership of the responsibilities each has for the maintenance of the common area behind and between the buildings. Common areas include all that area not within the footprint of the buildings.

The going in assumption is that the association is responsible for the overall maintenance of the common area, and that any changes within the common area must be approved by the Board, prior to changes being made.

Maintenance of the two-foot ROW is a requirement of the fire and EMS service, of our insurance, and for our own need for building maintenance. Members may not take actions which encroach upon that ROW without Board approval, and shall have a duty to maintain such ROW or notify the Board of their inability to do so. The Board may approve encroachments upon that ROW, provided such encroachments do not violate the requirements of fire and EMS service, our insurance, and our need for building maintenance.

For construction by owners without prior Board approval, or without conformance to the Lakewood building code, or which are dangerous to life, health, or safety, unit owners are responsible for those improvements unless those improvements affect slope stability or erosion or life, health, or safety, in which case the Board would assume responsibility on a case-by-case basis, rather than risking unit owners delaying prompt action or taking improper action.

Responsibility is the unit owners for deck maintenance, but deck repair and replacement is the responsibility of the Board. Decisions on whether unit owners have properly maintained the rear deck shall be the responsibility of the Board.

Deck railing maintenance, repair, and replacement, including painting, is a Board responsibility.

In the event there is an inability to maintain the rear deck or the 2-foot ROW, thru age or infirmity, the Board will address the responsibility on a case-by-case basis.

Placement of flowering shrubs or other vegetation in the common area is subject to prior approval by the Board, and may be removed, or ordered removed, at the Board’s discretion.
The Board reserves the right to order the removal of, or remove itself, any violations of this policy.

The policy will be published, approved by the Board, and distributed to the membership.

Approved by the Board
August 12, 2019