Condo Assoc. Failing to make repairs

Started by TomM18 • 10 replies • 4086 views

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TomM18 (Ohio)
Posts: 6

Posted:

I live in a condo where the maintenance of the property has been on a downward spiral. The manager tells me that they have too many vacant units. Which means that a lot of people aren't paying their condo fees. Therefore, the association cannot afford to make repairs. What happens if I cannot afford to pay my condo fees or my mortgage? The result wouldn't be good!

We have dry rot that has formed over the years due to a leak on our deck that is the association's responsibility. The leak was actually fixed last April due to some roof work which was paid for by the condo association's insurance. The dry rot is still there six months later. I have made repeated attempts to contact the manager with no response. I just noticed, tonight, that a part of the wood soffit has come loose because the wood has become so rotten that it would not hold the nails in place. I sent the manager a picture text of the damage and attached it here.

There are also numerous other maintenance issues that need resolved, such as a parking lot with numerous potholes and sections that have caved in. There are also some issues that remain unresolved concerning the roofers.

Does anyone have information on how I can deal with this situation? We want to put this place up for sale this summer. Who would want to buy a condo in this condition.
Any help would be appreciated.

Thanks,

Tom M.

TomM18 (Ohio)
Posts: 6

Posted:

Sorry, I had to remove the attachment. It wouldn't load. It says the files is too big.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tom

Who controls the association? If the owners do then go above the manager to their boss, the BOD.

Hope this helps.

TomM18 (Ohio)
Posts: 6

Posted:

What is the BOD?

TomM18 (Ohio)
Posts: 6

Posted:

Oh ok Board of Directors. I guess you can tell I'm new to this. All I know is the manager is paid to manage other condos in the area. He owns and manages these properties. Contact information is scarce on how to contact these people. I'll ask around, thanks. Being the manager, wouldn't he be over the BOD?

TomM18 (Ohio)
Posts: 6

Posted:

What can I do if the going to the BOD doesn't work? My wife just informed me that he is friends with all of the members of the BOD.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You need to get a better understanding of your HOA. A HOA is ONLY funded by it's members FOR it's members. So if you want something fixed then expect to pay a special assessment or a raise in dues for ALL members to cover the expense. It sounds like you have an owner run HOA that has a hired contract management company. The management company should be taking orders from the HOA BOD. Unless it is managed property directly by a company/developer.

All I can say is if you want things fixed in your HOA, then realize that it's the pool of money from ALL the owners who supplies the budget. You have owners that don't pay or empty units, then your HOA has less money to make repairs. You can't get money out of the management company. They are just there to manage. It's up to the owners to actually pay the bills...

Former HOA President

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Your HOA is likely severely under-funded due to the vacancy and non-payers. Other than raise dues so the remaining payers will subsidize the non-payers, the board is choosing to not make repairs. It's a passive-aggressive strategy to property ruin.

However, converse with your board. The property manager facilitates the nuts and bolts daily activities but the board should be approachable with your reasonable concerns.

TomM18 (Ohio)
Posts: 6

Posted:

I'll try that although my wife actually went to a meeting once. She tried telling them what our concerns. All of them just acted like the manager was the best thing since sliced bread and wouldn't even try to listen to her.

Tom M.

SheliaH (Indiana)
Posts: 6,964

Posted:

Several have already mentioned speaking to your board of directors - in addition to that, ask for a copy of the budget, if you don't already have one, so you can see where the money's going. You should also find out what's happening with the delinquent owners - if your board isn't doing anything whatsoever, that's a BIG problem.

Regarding the roofers, you might ask the board if their work came with some sort of warranty - if so and these problems are covered, it should be pushing for those repairs to be made.

You might also want to talk to the other owners and see what their concerns are, and then ALL OF YOU need to start attending meetings there's always strength in numbers). The board may need to look at everything and set priorities as to what repairs will get addressed first. If they don't address the issues or refuse to, it may be time for you and the other owners to consider replacing them.

However, the replacements and the homeowners who elect them must understand that fixing the problems will require work - they didn't develop overnight and they won't be resolved that quickly. Everyone should also be prepared for increases in assessments (hopefully not a loan or special assessment, but you may have to put them on the table). I know fee increases are never popluar, but it takes money to make repairs and the older the community and the longer repairs have gone undone, the more expensive the work will be. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BradP (Kansas)
Posts: 2,640

Posted:

i may not understand the situation completely, how can a unit be vacant? Someone has to own it and the owner of record should be paying the fees shouldn't they? MAybe i don't understand this situation.

This problem is not uncommon, when developments are built fees/dues are usually low to attract buyers and often times boards either don't want to raise dues for fear of stirring up a hornets nest, are uninformed or don't care. What has happened is your development has not planned for these situations which is everyone's fault.

Options, which is what you are looking for...1)as everyone has mentioned you need to approach the board and get their take on what is happening and why...2) if that doesn't satisfy you then i would recommend gathering your fellow owners and making a push to get this on the board's agenda and get it done...3) if that is not workable then you always have the option to sue. Please understand in any of the scenarios unless the board is sitting on the money it will have to come from somewhere and that somewhere will be you and your fellow owners.

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