§514B-138 - Upkeep of condominium; high-risk components.

§514B-138
Upkeep of condominium; high-risk components. (a) The board, after notice to all unit
owners and an opportunity for owner comment, may determine that certain
portions of the units, or certain objects or appliances within the units such
as washing machine hoses and water heaters, pose a particular risk of damage to
other units or the common elements if they are not properly inspected,
maintained, repaired, or replaced by owners. Those items determined by the
board to pose a particular risk are "high-risk components" for the
purposes of this section.

(b)
With regard to items designated as high-risk components, the board may require
any or all of the following:

(1) Inspection:

(A) At specified intervals; or

(B) Upon replacement or repair by the
association or by inspectors designated by the association;

(2) Replacement or repair at specified intervals
whether or not the component is deteriorated or defective; and

(3) Replacement or repair:

(A) Meeting particular standards or
specifications established by the board;

(B) Including additional components or
installations specified by the board; or

(c)
The imposition of requirements by the board under subsection (b) shall not
relieve unit owners of obligations regarding high-risk components as set forth
in the declaration or bylaws including, without limitation, the obligation to
maintain, repair, and replace the components.

(d) If a unit owner fails to follow
requirements imposed by the board pursuant to this section, the association,
after reasonable notice, may enter the unit to perform the requirements with
regard to such high-risk components at the sole cost and expense of the unit
owner, which costs and expenses shall be a lien on the unit as provided in
section 514B‑146. Nothing in this section shall be deemed to limit the
remedies of the association for damages, or injunctive relief, or both. [L
2004, c 164, pt of §2; am L 2006, c 273, §23]