SusanP11 (California)
Posts: 1
Posts: 1
Posted:
I am the HOA President (12 years) and Treasurer (2 years)
of a small, informal 4-unit condominium complex in Southern
California. There have been no other elected officers for two
years. The other three units all went up for sale within the
last two years and were all sold in the second half of 2013.
One unit was purchased by a realtor. I am waiting for this
unit to be sold to an individual owner before electing
new officers and filling the two vacancies.
One of the new owners, in remodeling a 800 square
foot unit from July 2013 to November 2013, violated
many of the policies in the CC&Rs and refuses to
acknowledge or correct the violations after
repeated notifications. The CC&Rs clearly state
that no changes are to be made to the exterior
of the building without the prior written consent
of the board. Another clause states that each owner
will be responsible for any damage to the common
area and/or the exterior of any building or unit and/or
driveway.
1.) After the owner's contractor installed a skylight
on the roof of the building (skylight, vent and cables
clearly visible from the rooftop decks of two other
owners), I verbally informed both the owner and
the contractor that all exterior changes must be
approved by the board.
2.) The contractor proceeded, without approval,
to install two new vinyl, white windows, one right
next to mine and one in the courtyard over the
garages. Contractor/owner refused to wrap
the window borders in grey aluminum as
requested and finally painted one window
border grey. The window border in the courtyard
was left white at the owner's request "to match
the white garage doors." (All previous owners
verbally agreed many years ago to a standard
of grey aluminum-wrapped windows, as the
old metal windows become gradually upgraded.
One unit already has these grey aluminum
windows installed).
Additional issues:
3.) The driveway was badly stained by paint,
plaster and cement as a result of the contractor's
use of the HOA hose at the top of the driveway.
Heavy oil spots were left in the driveway as a
result of trucks leaking oil being parked in the
driveway over a period of five months.
Contractor agreed to pressure wash the
driveway upon completion of the project
however, a small unit from Home Depot
was used to try to accomplish the
cleaning of the driveway and the stains
remain. I informed the owner months
ago that the driveway needs to be
professionally pressure washed with
a stain removing agent. She replied
that she would see what she could
do.
4. ) As a result of the contractor using
the HOA hose (new in April 2013) for an
extended period of time, the brass fitting
on the end of the hose was broken right
after the pressure washing occurred, resulting
in the hose spraying a large quantity
of water where the hose connects
to the nozzle. Owner was informed
of this right after the pressure
washing occurred and has not
responded.
5.) Handle to turn water off/on
at the site of the hose is loosened
and leaks constantly.
6.) Drain at end of driveway clogged
with cement, plaster, paint as a result
of the use of the hose at the top of
the driveway to clean equipment.
7.) Electrical conduit (pipe) was run
between two buildings to bring
power to the owner's garage. This
pipe was attached to the side of
the eve (roof) that connects two
buildings. This connecting eve
or roof was intended to be
removed sometime in the future
as it is merely decorative according
to the city and we also felt it would
be too expensive to repair, scrape
and paint the underside and
re-roof the top. This structure now
cannot be removed since it will leave
the electrical pipe suspended in air
between the two buildings.
8.) During a November 2013 meeting,
since we were installing new garage
doors, we discussed the fact that the
door jambs and trims should be repaired
and painted. The brand of paint and color
of white was clearly specified noting that
this is the standard for all fences and
external trim. The owner proceeded to
paint her garage door jambs and trim
an off-white color that is clearly not
the white required.
9.) Contractor discarded a heavy-duty
gardening bucket that was in my external
storage area. Contractor removed a can
of white paint from my storage area to
use on owner's interior doors. I retrieved
the nearly empty can of white paint from
the owner's balcony when I was in her
condo by invitation. Contractor removed
from my storage area and did not return
a can of stucco repair which was used on
repairs to the exterior of the building. I
have continuously asked the owner to
replace these and she has continously,
as recently as two weeks ago, stated that
she will speak to the contractor who had
promised to replace the items.
Both the contractor and owner have been
informed of the majority of these violations
in writing and, in some cases, multiple times.
I am at a total loss as to how to resolve these
issues that the owner refuses to address.
I would like to know:
1. What authority do I have as the sole
board member (President and Treasurer)?
2. What are the proper actions that I must
take in order to resolve these issues?
3. Am I authorized to use HOA funds if it
becomes necessary to seek legal advice?
Do I need the approval of the other three
homeowners?
Thanks very much.
of a small, informal 4-unit condominium complex in Southern
California. There have been no other elected officers for two
years. The other three units all went up for sale within the
last two years and were all sold in the second half of 2013.
One unit was purchased by a realtor. I am waiting for this
unit to be sold to an individual owner before electing
new officers and filling the two vacancies.
One of the new owners, in remodeling a 800 square
foot unit from July 2013 to November 2013, violated
many of the policies in the CC&Rs and refuses to
acknowledge or correct the violations after
repeated notifications. The CC&Rs clearly state
that no changes are to be made to the exterior
of the building without the prior written consent
of the board. Another clause states that each owner
will be responsible for any damage to the common
area and/or the exterior of any building or unit and/or
driveway.
1.) After the owner's contractor installed a skylight
on the roof of the building (skylight, vent and cables
clearly visible from the rooftop decks of two other
owners), I verbally informed both the owner and
the contractor that all exterior changes must be
approved by the board.
2.) The contractor proceeded, without approval,
to install two new vinyl, white windows, one right
next to mine and one in the courtyard over the
garages. Contractor/owner refused to wrap
the window borders in grey aluminum as
requested and finally painted one window
border grey. The window border in the courtyard
was left white at the owner's request "to match
the white garage doors." (All previous owners
verbally agreed many years ago to a standard
of grey aluminum-wrapped windows, as the
old metal windows become gradually upgraded.
One unit already has these grey aluminum
windows installed).
Additional issues:
3.) The driveway was badly stained by paint,
plaster and cement as a result of the contractor's
use of the HOA hose at the top of the driveway.
Heavy oil spots were left in the driveway as a
result of trucks leaking oil being parked in the
driveway over a period of five months.
Contractor agreed to pressure wash the
driveway upon completion of the project
however, a small unit from Home Depot
was used to try to accomplish the
cleaning of the driveway and the stains
remain. I informed the owner months
ago that the driveway needs to be
professionally pressure washed with
a stain removing agent. She replied
that she would see what she could
do.
4. ) As a result of the contractor using
the HOA hose (new in April 2013) for an
extended period of time, the brass fitting
on the end of the hose was broken right
after the pressure washing occurred, resulting
in the hose spraying a large quantity
of water where the hose connects
to the nozzle. Owner was informed
of this right after the pressure
washing occurred and has not
responded.
5.) Handle to turn water off/on
at the site of the hose is loosened
and leaks constantly.
6.) Drain at end of driveway clogged
with cement, plaster, paint as a result
of the use of the hose at the top of
the driveway to clean equipment.
7.) Electrical conduit (pipe) was run
between two buildings to bring
power to the owner's garage. This
pipe was attached to the side of
the eve (roof) that connects two
buildings. This connecting eve
or roof was intended to be
removed sometime in the future
as it is merely decorative according
to the city and we also felt it would
be too expensive to repair, scrape
and paint the underside and
re-roof the top. This structure now
cannot be removed since it will leave
the electrical pipe suspended in air
between the two buildings.
8.) During a November 2013 meeting,
since we were installing new garage
doors, we discussed the fact that the
door jambs and trims should be repaired
and painted. The brand of paint and color
of white was clearly specified noting that
this is the standard for all fences and
external trim. The owner proceeded to
paint her garage door jambs and trim
an off-white color that is clearly not
the white required.
9.) Contractor discarded a heavy-duty
gardening bucket that was in my external
storage area. Contractor removed a can
of white paint from my storage area to
use on owner's interior doors. I retrieved
the nearly empty can of white paint from
the owner's balcony when I was in her
condo by invitation. Contractor removed
from my storage area and did not return
a can of stucco repair which was used on
repairs to the exterior of the building. I
have continuously asked the owner to
replace these and she has continously,
as recently as two weeks ago, stated that
she will speak to the contractor who had
promised to replace the items.
Both the contractor and owner have been
informed of the majority of these violations
in writing and, in some cases, multiple times.
I am at a total loss as to how to resolve these
issues that the owner refuses to address.
I would like to know:
1. What authority do I have as the sole
board member (President and Treasurer)?
2. What are the proper actions that I must
take in order to resolve these issues?
3. Am I authorized to use HOA funds if it
becomes necessary to seek legal advice?
Do I need the approval of the other three
homeowners?
Thanks very much.