#601-O, Kara Collins v. Thomas Choice Condominium (February 17, 2005) (Panel: Stevens, Havlicek, Leeds).

The homeowner (HO) complained that her homeowner association (HOA) was responsible for replacing her slate patio because the HOA had failed to properly maintain it and the surrounding areas.

The evidence showed that under the HOA rules, the concrete patios installed by the builder were the responsibility of the HOA to maintain; however, the rules also stated that if the patio were later replaced by the unit owner, then the unit owner became responsible for repairs to the new patio.The HO was never notified that her slate patio was not the original patio, and no records existed to show when or by whom it had been built.Nor was there any persuasive evidence that the slate patio had been damaged by any lack of maintenance by the HOA.

The panel concluded that the slate patio was not the original patio and that therefore the HOA had no duty to maintain it.The panel ruled that the HOA had no duty to disclose that the slate patio was not the original patio, unless the HOA also claimed that the patio was a violation of the rules, and the HOA was not making that claim.Finally, the panel concluded that the HOA was not liable for repairs because it had not caused the damage.Therefore the panel dismissed the complaint.