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CynthiaL3 (Florida)
Posts: 20
Posted:
I'm a board member on a 5 member board, 90 condo unit complex. The 5 members are now down to 3 members, in light of the fact 2 board members resigned the same day, 3 months ago. I'm having to re-visit this issue, yet again. I just now received an email that we already voted down 2 months ago. And you will see the steam coming from my computer!!

Of the 90 modest condo units, 30 are 3rd floor units and have a large overhead attic. These 30 units are insulated with poor quality builder grade insulation. As to be expected, all on the 3rd floor experience a much larger electric bill during the summer and winter months. My unit is also on the 3rd floor.

None of our documents have any wording on the issue of insulation at all. Our documents cover, roof leaks, water blowing onto porches/patios, and screened in areas etc. Our documents state, it's the owners responsibility from the walls in, and the HOA's responsibility from the walls out, common areas etc. Again, no wording at all on the issue of insulation, nor any language on our ceilings or attics. If however, the roof leaks into a 3rd floor unit, our funds do fix ALL damage from any roof leaks, this is very clear, and has been done in the past.

OK, for the 2nd time in 2 months the board President is insisting on the HOA funds be used to upgrade the insulation in her very large 3 bedroom condo. She is doing this through our property manager, who was the one that sent the email this morning asking for more discussion on the issue of the board President getting her insulation upgraded. As mentioned, this was voted down 2 months ago, and why am I here again!!

My opinion is, we as a board can not set this kind of precedent, without the wording in our CC&R's to cover insulation. We have a very small budget each year, which we have to micro-manage to get everything done, and just would not be able to afford upgrading 30, 3rd floor attics.

The infuriating back story is this. This President leaves office in 2 weeks, and has openly stated before she goes she will get her insulation upgraded. This kind of board member abuse of funds, had been ongoing for several years now. Not to mention, taking great liberty at interpreting the CC&R's in a very loose manner.

Any thoughts are appreciated. Right now, I think I just may suggest we table this issue until the NEW board convenes in two weeks, and this person is no longer the board president. How does that sound to you??
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sounds fair to me.
Of course, you are only one vote. Since there are now only three of you, a simple majority would be 2. Expecting you are against and the president is in favor of the proposal the question will become, Can the other director stand the pressure?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Another option, if you don't want to make waves (and if it hasn't happened before), is to suggest getting bids to see what the actual cost would be. Volunteer to get those bids and arrange dates to meet with contractors that are 2 weeks out.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Whether it is explicitly stated or not, the attic spaces are common area. You need to re-think this whole issue. Owners on the first and second floor benefit from the insulating qualities of the units above them; third floor units do not receive an equal benefit as the insulation above them is inadequate. Your association should implement a plan to add insulation to all the attics. That means setting an assessment adequate to cover the costs.

Any time a board member says that they do not have funding problems, my first question to them is always, "Whose fault is that?" Part of your responsibility serving on a board is to determine how much money is needed both for current expenses and long-range projects and then raising the funds to cover those expenses.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Cynthia

There are two issues.

1. Do the buildings attics (whch are common elements for which the association is responsible for) need more insulation?

2. If yes, how will the association pay for it?

Forget where the President of the BOD lives.

CynthiaL3 (Florida)
Posts: 20
Posted:
JohnC46,

1. NO, they DO NOT need insulation. The 30 units with attics, all have builder grade loose fiberglass insulation, to the tune of 12 to 14 inches. At least that is what was blown in the attics 7 years ago when they were built. These attics, are NOT usable at all, other than for water sprinkler systems, insulations, pipes etc. I do NOT know the life of the fiberglass insulation, but I sure would expect it to be longer than 7 years. The roof is a very high pitched roof, with lots of empty cold space above the insulation line.

2. N/A

As I stated, no where in any of our documents is there any reference to the attics, at all. Do you live in a condo, and how are you documents worded that address attics? I could see maybe, they might be a limited common element, but not a common element, no one else has access to the attic other than the home owner.
CynthiaL3 (Florida)
Posts: 20
Posted:
LarryB13,

As I stated in my original posting, the request is to UPGRADE the existing units insulation. The 30 units with attics, all have builder grade loose fiberglass insulation blown in, to the tune of 12 to 14 inches. At least that is what was blown in the attics 7 years ago when they were built. These attics, are NOT usable at all, other than for water sprinkler systems, insulations, pipes etc. I do NOT know the life of the fiberglass insulation, but I sure would expect it to be longer than 7 years. The roof is a very high pitched roof, with lots of empty cold space above the insulation line. Also, the loose fiberglass insulation is prone to being blown around in the attic and ends up uneven after strong winds. There are spaces in the roof, I'm told that have some openings that allow the wind to blow the insulation around. These small openings, I've forgotten what they are called, but are some kind of roofing code.
CynthiaL3 (Florida)
Posts: 20
Posted:
TimeB4,

Thanks Tim for your suggestions. It looks like we have the two "NO" votes on this for now.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By CynthiaL3 on 10/02/2012 5:10 PM
JohnC46,
1. NO, they DO NOT need insulation. The 30 units with attics, all have builder grade loose fiberglass insulation, to the tune of 12 to 14 inches. At least that is what was blown in the attics 7 years ago when they were built.

Be aware that:

Builder grade is typically minimum code specifications.

Loose fiberglass insulation settles

Per Department of Energy's insulation fact sheet and 12-14 inches of initial attic insulation equaled an R factor of 30-35 (not factoring in settling).

Recommend levels are R38 - R60.

On a personal note, living in Northern VA, I increased my attic insulation (to R60) and it made a world of difference.
I also agree with others that the attic and anything within it (including insulation) would be the responsibility of your Association.
JM10 (California)
Posts: 503
Posted:
How valid would any vote be without adding two more board members for a full board?

The board members should have been replaced. In our CC&R we allowed the remaining members to select the replacements.

I wouldn't consider the vote on anything valid until the number of board spots were all filled.
EricH8 (Virginia)
Posts: 116
Posted:
Quote:
Posted By CynthiaL3: As I stated, no where in any of our documents is there any reference to the attics, at all. Do you live in a condo, and how are you documents worded that address attics? I could see maybe, they might be a limited common element, but not a common element, no one else has access to the attic other than the home owner.

I looked through all my ancient documents. The word attic only appears once, in the Declaration of Ownership. But the document fails to state what kind of element the attic is. I think your guess is reasonable that your(?) attic is a limited common element.
TerryeB (Georgia)
Posts: 1
Posted:
I agree with LarryB13, the attic space is common area and it does benefit all units. It does however benefit the top floor more since the top floor will see a reduction in heating/cooling bills.

As a Property Manager and the President of my Association for 12 years, per my Associations covenants and covenants from other associations I've managed over the years, this is common area. The insulation should be paid for by the association.

With that said, I'm on the top floor and after 12 years of servicing I deserve to have insulation installed even if the association has not budgeted for this project, I say in jest.

Here is the catch, we do not have the money in our operating account. We are not taking money out of reserves, I have a limit on what we keep in reserves and the board agreed to the limit. If you need reserves, you increase dues, or you have a special assessment.

One other thought and you will have to check your covenants, but most associations can pass a special assessment without a vote up to a certain amount. Most associations I manage the cap is $200 per unit, this amount is not calculated based on percentage owned, just a flat assessment. That gives you $18,000. It will not insulate all your buildings but if you do this each year it is a good way to raise dues to increase reserves for this type of project.

This is what I am doing to have insulation installed above my unit only. I contacted a vendor and was quoted for the attic above my unit. My cooling bills are incredibly high in the south, even though we just replaced all decking and our roof. I am paying out of pocket with a qualified company with required insurance to work on the property. The association must be protected if a homeowner decides to do board authorized work. My cost is around $800.00. So, if the president wants insulation and you do not have the money, she can pay for herself. I'm not thrilled about spending personal money for an association expense, however I do feel it will make a difference in my cooling bill and I'll recoup the money with 18 months. My high cooling bill the last few years is around $400 for about a 1500 sq. ft. unit and I am not cranking the a/c.

I also like the idea of obtaining quotes until she is gone. Sometimes we bite the bullet if we want something done and the association does not have the funds. Like Larry said, if she was on the board it was her job to create a budget to cover maintenance items.

If this insulation is that big a deal, mention she can pay but you will not take more board/membership time to vote on insulation when this has already been covered. You can always mention the board will discuss the options for the project in the near future and obtain quotes to make sure you budget properly.

T.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Terrye,

Welcome to the forum.

This thread is almost a year old.
MicheleH1 (Florida)
Posts: 14
Posted:
Unless the attic is one open space over all of the top floor units than it is the owner's individual responsibility to refresh or replaced their own insulation. It is a maintenance/upkeep issue within her own unit. The individual owners would be required to replace the interior seals around their own windows to keep drafts out...same thing.

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