HOA's weird interpretation of what a garage is

[Cary Lin]

Hi fellow bigpocketers, I have a question on, to me, a weird interpretation of what a garage contains from our condo association in NJ. Our condo contains a 2-car garage that our unit can go into directly. However, according to our By-Law/Master Deed, Garage is considered a part of "Limited Common Elements".

Specifically, from our Master Deed: The Limited Common Elements of the condominium shall include any deck, patio, stairs, or garage to which there is direct access to that unit which is appurtenant to same, or any car port to which a Unit has been assigned....These Limited Common Elements are reserved for the use of the Unit(s) either immediately adjacent thereto or for the use of Units to which they have been assigned, to the exclusion of all other Units....Any expenses of repair or replacement relating to said Limited Common Elements, or involving structural maintenance, repair or replacement, shall be the responsibility of the Association, excepting for costs necessitated by negligence, misuse, or neglect of the Unit by a Unit Owner.

One day, someone (not anyone I know) likely backed into our garage and crashed the garage doors. There was no video or anything indicating who did this. After I reported this to our Association, believing they should be replacing the garage door, Association's attorney told me Garage door is owner's responsibility. She completely ignored the above section specifically defining the responsibility on Limited Common Elements. The attorney continued to tell me that doors are the responsibility of the Unit owner.

Does this make any sense?