Homeowners paying for own repairs?

Started by ThomasC11 • 8 replies • 1848 views

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ThomasC11 (California)
Posts: 210

Posted:

Our Association just lost a lawsuit from a builer and has chosen to file for bankruptcy. All nonemergency projects are put on hold. #1 project is fixing 160 leaking roofs.

One homeowner has requested a french drain behind their unit to correct drainage during upcoming winter rains. Request was denied using "lack of funds" explanation.

They have offered to pay for project expenses. At what point is homeowner allowed to pay for necessary work when HOA won't/can't? How much liability is there down the road.

thanks

SharonB6 (Pennsylvania)
Posts: 70

Posted:

I know this isn't the same, but our builder went bankrupt as well. All of the homeowners did not get their topcoat on their driveway and a handful didn't get their landscaping. The HOA isn't responsible for the driveway because that was in he contract between the homeowner and Builder. We allowed the homeowners to pave their own driveway. The landscaping is more of an issues. We allowed people to do their own landscaping only if they approve it through the architectural committee. We put a disclaimer that at some point it may need to be ripped up if they don't do exactly what other homes have done. So you might want to approve it and do it at your risk deal. Wouldn't the HOA be responsible if these leaky roofs caused damage to their property?

ThomasC11 (California)
Posts: 210

Posted:

The roofs are being fixed, it is the drainage problem at one particular unit that is not deemed an emergency. It still needs to be corrected.

RyanD1 (California)
Posts: 38

Posted:

Thomas:

If the drainage problem is causing damage to the interior, it should be deemed an emergency. The reason being is that the HOA would be liable all or most of the damage down within the unit. If the association does not have the funds to pay for the repair now, have the management company or owner get three bids to repair the work, let the Board of Directors choose which bid to use, and with written approval from the Board have the owner pay for the repairs and let it be a credit on their account toward future dues. This is only something you would want to do if there is absolutely no money at all to be used to fix the problem.

ThomasC11 (California)
Posts: 210

Posted:

thanks I'll try that approach.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RyanD1 on 10/25/2010 1:47 PM
Thomas:

If the drainage problem is causing damage to the interior, it should be deemed an emergency. The reason being is that the HOA would be liable all or most of the damage down within the unit. If the association does not have the funds to pay for the repair now, have the management company or owner get three bids to repair the work, let the Board of Directors choose which bid to use, and with written approval from the Board have the owner pay for the repairs and let it be a credit on their account toward future dues. This is only something you would want to do if there is absolutely no money at all to be used to fix the problem.

Ryan ... Great comment and idea!!! Something for all of us to consider in these economic times.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Thomas,

If the homeowner is willing to pay for the drain, have them request from the board for permission to put in a french drain at his expense. They should present this in writing and in person so questions can be answered. Explain that being aware of the Associations cash flow problem coupled with the need to address the issue, they would like to assist by personally paying for the project. A win-win situation.

Tim

ThomasC11 (California)
Posts: 210

Posted:

gteat approach, thanks Tim.

ThomasC11 (California)
Posts: 210

Posted:

ooo

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