EVEN & FRANKS, PLLC

MEMORANDUM

TO: Harbour Towne Condominium Association, Inc.

FROM: Kevin Huss

RE: Garage Door Torsion Springs

DATE: November 3, 2009

It is my understanding that a dispute has arisen involving the torsion springs associated with a co-owner’s garage unit. You have asked me to determine who is responsible for the maintenance and repair of garage door torsion springs. This memorandum outlines the applicable portions of the condominium documents, together with my interpretation of those documents.

Article IV. of the Master Deed of the Harbour Towne Condominiums (“Harbour Towne”) identifies the common elements of Harbour Towne. Article IV on the Master Deed also assigns responsibility for the maintenance of the common elements identified therein. Paragraph B of Article IV of the Master Deed identifies the limited common elements of Harbour Towne. Included within the definition of the limited common elements are the “automatic garage door opening mechanism” located within any unit and the “garage interior spaces” of each unit.

Paragraph C of Article IV of the Master Deed states that the “costs of maintenance, repair and replacement” of automatic garage door opening mechanism, and the “routine cleaning, decoration and maintenance” of the garage interior spaces “shall be borne by the co-owner of the unit or units to which such limited common elements are appurtenant.” Co-owners are also responsible for maintaining and repairing the pipes, ducts, and wiring within their units, as well as the fireplace, furnace, water heater and air conditioner that services their unit. Further, coowners are responsible for maintaining the walkway leading to their unit and all interior surfaces of their unit.

Arguably, a torsion spring is a part of the “automatic garage door opening mechanism,” and would therefore be the co-owner’s responsibility to maintain and repair. If, however, the torsion spring was not considered a part of the garage door opening mechanism, the argument could be advanced that it is located within the interior space of the garage, and is therefore the co-owner’s responsibility to maintain.

Based upon Article IV of the Master Deed of Harbour Towne, I am of the opinion that each coowner is responsible for the maintenance, repair and replacement of the garage door torsion spring that is attached to its individual garage door.