Responsibility’s of the Common area’s ???

Hi Richard:

1) Did you receive a violation notice?
2) How long ago was the work you had done?

First and foremost, by thanks for you help. Not many will take the time to help homeowners. Keep up the good work. You have a gold star from me.

The problem came about after the insulation was installed and the sump pump ( to be maintained by the HOA) failed and filled the Crawl space with rain water, also it was reported to me that the piping was not to City Ordinance/Code.

This flooded the area and the insulation. The HOA inspected the pump and replaced it, but did not set it to City Code and it still is not. Special Note, for 3 years we asked them to inspect it, as it had a loud banging when it shut off. At the same time of the flooding the HOA worker said he need to cut off the lower section of the insulation as mold and mildew may set in. I had no reason not to trust him. I feel he may have been correct.

This he did but in doing so it voided my warranty and the HOA will not replace the insulation as originally installed and reinstate my warranty (25 Years ). Statement made ---- Common area of the Condominium ) I needed authorization to do the work, and if it was authorized I still would need to pay for it. ?????. OK. Now what.

The flooding took place in April of 2010. Status as of 3/12/2011, Pump replaced but not to Code, Insulation still cut off and not repaired/replace. The insulation work was at a cost of about $3, 152.00 and I paid that bill. Complete Basement Company will not patch the area, but must replace it. Cost as of May 2010, about $1252.00 I'm at a standstill at this time.

How is the home owner to know what to follow. We have not been informed, no classes or education been given, or has the HOA addressed the Colorado SB-05-100/98. I found out about it from a different management company here in Aurora, Co. They have a web sight but last up date was 2000, YEP, 2000. I have said before, I feel like the Lone Ranger on management companies and HOA regulations.

Again, my thanks, some information is better then none, and this web sight is just great.

Richard, the Lone Ranger????

Hi Richard:

In an HOA, when in doubt check with your board and get it in writing who is responsible and that the issue is approved to fix. This can accomplish two things 1) Protect yourself in determining you are responsible and have the OK to make the repair following your guidelines, and 2) If it comes to light a short while later that you were not responsible, you will have something in writing where they stated you were and they potentially would need to refund you for amount you may have paid for said repair.

Need to clarify please … when you made the statement below, was this someone hired by the HOA or yourself:

At the same time of the flooding the HOA worker said he need to cut off the lower section of the insulation as mold and mildew may set in. I had no reason not to trust him. I feel he may have been correct.

Hi Richard:

What I would recommend is you send a Certified Return Receipt letter to each of the members of your board. In this letter explain the situation with pictures, copies of letters and information you sent regarding the malfunctioning sump pump, etc. and see what response you receive (including return of remaining 6 years of warranty). If they respond negatively you could then potentially speak with an attorney (some will do free consultations) to see if you have recourse. The issue we will have on this website is we do not know what your governing documents state; therefore, it is difficult to fully answer your questions.

Here are some items that you can review which may or may not assist you in your decisions. The following is in essence just based on CCIOA and may potentially apply or not as it again would depend on your governing documents.

It is my understanding from what you have stated the following facts pertain:

1) A number of years ago (no date stated) you had the crawl space cleaned up and insulation replaced as it was coming off and no longer viable. You utilized a system as shown here: http://www.basementsystemscolorado.com/content.php?page=cleanspace and for which you paid out-of-pocket about $3,152.00. BTW - In the after picture it looks like a really nice system.

Potentially the following could apply, but could be subject to your declaration and other laws:

38-33.3-211. Alterations of units.

(1) Subject to the provisions of the declaration and other provisions of law, a unit owner:

(a) May make any improvements or alterations to his unit that do not impair the structural integrity, electrical systems, or mechanical systems or lessen the support of any portion of the common interest community;

Further it is my understanding from what you have stated:

2) For three years you had requested the HOA inspect the sump pump due to loud banging noise when it shut off, and your HOA did not follow up on your request. IMPORTANT: Did you make your requests in writing?

3) April 2010 the crawl space area flooded and the sump pump (to be maintained by the HOA) did not function properly and in essence failed. This in turn allowed the crawl space to be flooded and all the insulation, wood, etc. to become water soaked.

4) Shortly after the flooding of crawl space you hired the same company that did your neighbors work to take care of the flooding issue. This company stated they needed to remove the water logged insulation to prevent mold from setting in and causing more damage. Because he removed the water soaked insulation the HOA has stated you no longer will have the remaining 6 years of your 25 year warranty.

Potentially the following could apply, but also could be subject to your declaration:

38-33.3-307. Upkeep of the common interest community.

(1) Except to the extent provided by the declaration, subsection (2) of this section, or section 38-33.3-313 (9), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of such owner's unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through such owner's unit reasonably necessary for those purposes. If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or expense to avoid damage, or the association if it is responsible, is liable for the cost of prompt repair.

IMPORTANT NOTE: Your removal of water logged insulation was completed to potentially avoid further damage and hazardous mold issues.

38-33.3-313 (9) (As noted within above statute)
(9) (a) Any portion of the common interest community for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the association unless:

(I) The common interest community is terminated, in which case section 38-33.3-218 applies;

(II) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety;

(III) Sixty-seven percent of the unit owners, including every owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild; or

(IV) Prior to the conveyance of any unit to a person other than the declarant, the holder of a deed of trust or mortgage on the damaged portion of the common interest community rightfully demands all or a substantial part of the insurance proceeds.

This is what you have been referencing as the House Senate Bill (now state statute) which went into effect January 2006:

38-33.3-209.7. Owner education.

(1) The association shall provide, or cause to be provided, education to owners at no cost on at least an annual basis as to the general operations of the association and the rights and responsibilities of owners, the association, and its executive board under Colorado law. The criteria for compliance with this section shall be determined by the executive board.

(2) Notwithstanding section 38-33.3-117 (1.5) (c), this section shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7).

Hi Richard:

You are welcome.

Colorado also has a new HOA Information Office and Resource Center.

Here is the website address:
http://www.dora.state.co.us/Real-estate/licensing/subdivisions/HOA.htm

There are links at the bottom for both CCIOA and Non-Profit Corporation in case you need for reference.

Hi Richard:

Thank you for the update, it is nice to hear about an HOA which had issues is now working together as a “team” to insure the best outcome for all their neighbors and friends. Purchasing a home is one of the largest outlays for an individual and everyone needs to participate when purchasing in an HOA, to insure their community is the one everyone else would like to purchase and live in the future. Also, a team effort could help reduce overall negative issues between neighbors within an HOA.

You are correct that it does take time, but it definitely sounds like your HOA is off and running towards a better future.

Take care and best wishes in your HOA's future endeavors!!!