Condominium Declaration laws??????

Hi Richard:

My first concern would be why do you want to circumvent the owners approving?

Per CCIOA the documents shall contain the following:

38-33-106. Condominium bylaws - contents - exemptions.

(3) The bylaws shall contain or provide for at least the following:

(k) The maintenance, repair, replacement, and improvement of the general and limited common elements and payments therefor, including a statement of whether or not such work requires prior approval of the unit owners' association or corporation when it would involve a large expense or exceed a certain amount;

From this section from your documents that you posted:

Restoration of the damaged improvements shall be substantially the same as the condition in which they existed prior to the damage.

While it is mainly discussing restoration the word “substantially” would be similar to “virtually the same as existing”. It would in essence be a change which is important in terms of value, degree, amount, or extent.

Hmmm … If I had tile roof (pretty expensive and beautiful) and it was replaced with something else I would be furious (LOL .. I love tile roofs). Generally tile is long lasting and they potentially would have only needed to replace a few broken tiles periodically. Therefore, why was the entire roof replaced?

I have attempted and succeeded in talking to people, in fact 8 in our area alone. A lot of talk but
no action. I receive all type’s of reasons, Age, they don’t like the H.O.A. or M.C.-- work load, or
work at nights. You name it
and they said it. As for the Tile roof, the HOA & M.C. stated they could not match the tile,
and of all things to costly. Yes they made that decision also.

Now this I can tell you and I have tested my theory many times. I have read the laws and Etc. and
told the M.C. the section they were neglecting or refuse to comply with, such as giving a business
address and not a P.O. box number-- as the M.C works out of his home and I have no idea where
he lives, also sections of the governing documents that have not been enforced or acted on. I
have found at least 9 of the Association bylaws and 6 of the CCIOA document regulation in
violation. As to why the roofs were replaced, you would need to see my pictures to believe it,
but in short seriously damaged roofs from broken cotton wood trees that have dead limbs. I have
been told they must be removed, but when?? Also they used Inferior work crews. Four (4)
times
they attempted to repair the roof with of all things, silicone rubber, well is was the clear type- I
have over 85 picks of that. Also All type of problems from the cotton wood leaves blocking the
gutters and not
cleaned out to no preventive maintenance scheduling. Sorry to say it goes on and on and on.

As for board members we have at last word 3 of 5 and only one lady has a head on her shoulders
and knows what going on. The other two are belligerent and self centered and it took a lot of
time for me to believe that, but now I do after all this time. OK, long letter but perhaps this will
at last put thing into perspective, a short story.

On December 22 reported sump pump going on every 15 Minutes at about 5 gallons each time.
Reported and no response. 5 days later I called and the HOA helper came and found no problem.
I call the water company and they sent out a service man. Found the neighbors water heater
pressure valve failed and water was going in the sump pump. Bottom line and fact, it took three
weeks to have this all done at a loss of 15 Gallons of water each hour. Add that up, I did. The
city worker stated our water bill will be a little high.
Sorry for the long explanation, hard to give info in short note’s.
Thanks to all of you for you time.
Richard.

As they say, you have hit the nail on the head. Insurance? That is a question I have yet to this day. Where did the insurance money go. I think I have the answer but just can’t prove it.

After receiving the insurance money they attempted repairs 4 times by ( fly
by night ) companies using unskilled workers and down right lousy work...
Provisions in the Laws prohibit me from addressing any of the workers or
managers. But the managers and workers did address ME. Give them water
or a soda, -- a sandwich if they want it, something to cover them self with if it rains, and that I did. then they start to talk. I did not need to ask, it just came out and to my surprise the owners or managers of the company talked to me.
I’m sure you can guess who the workers were and they were not
authorized in our country, and YES they said so and so did one of the
managers. The HOA made shortcuts 4 times and burned up the money,
thinking they could save some. It did not work. It came around and bit them
and now they are stuck with the results.

As for the roof and the owners next door, If the roof does not leak, all is
find, I question if tar paper was put on the roof how they would feel.
Answer, if the HOA did it, It must be OK.

Yes, I’m angry as #!#$% but I will not respond to anger, that will result in losing the battle. HOA on the 17th. Must close, need to be out of town for a few day.
My thanks, and god speed in all you do.
Richard.
PS, I trust you know just how important you Web sight Is. Keep up the
good work. You all are good people.
Richard