5 Parking Spaces Experience Recurring Flooding

Homeowners in Edgewater Isle North Homeowners Association have been battling both the North and Master Associations for 4 1/2 years to have a parking area fixed from recurring flooding.

Perhaps a perusal of the C C & Rs would be in order here. The homeowner who has been complaining about the flooded parking spot has been caught between the North and Master Associations each saying the problem is the other association's responsibility. We believe the Master Association is correct in this issue.

The original 1984 North Association C C & Rs read:

Page 2: Section 1.6  "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common.  The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

The revised 2004 North Association C C & Rs read:

Page 2: Section 1.7  "Common Area" or "Common Areas" shall mean and refer to all of the Property (except the individual Units), title to which is held by the Owners in common.  The Common Area includes, without limitation: land, pool, spa and any other amenities, parking and driveway areas, trash enclosures, garage areas, exterior stairs, balconies, patios, landings and storage areas, and bearing walls, interior stairs, columns, girders, ceiling joists, subfloors, unfinished floors, roofs and foundations, fireplaces, central heating, solar heating equipment, water heaters, skylights, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the Unit and excepting utility installations located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, heat, and central television antenna or cable television installation, and the landscaping easement designated on the Map.

In other words, they are identical except for the section number.

Edgewater Isle North 1984 C C &Rs Show Maintenance Responsibility

The "maintenance" section of the 1984 C C & Rs clearly show the North Association's duty to maintain. The Association rewriting them in 2004 and obscuring them does not exonerate that responsibility.

ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.1. Duties: In addition to the duties enumerated in its Bylaws, or elsewhere provided for in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties:

A. Maintenance: The Association shall maintain, repair, replace, restore, operate and manage all of the common area and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association. Maintenance shall include (without limitation): painting, maintaining, cleaning, repairing, and replacing of all common areas, including exterior doors), exterior glass surfaces, windows, landscaping (except for private patio areas which are to be maintained by owners as per Section 8.7), balconies, parking areas, and recreational facilities.

Just fix it.