HOA or Homeowner??

Started by NicoleO1 • 10 replies • 1482 views

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NicoleO1 (California)
Posts: 181

Posted:

We recently approved a homeowner's request to place a large pecie of sporting goods in one of the community sporting good rooms. The owner offered to purchase the necessary racks to assist with the storage and it was approve.

Our CCRs prohibit private owners from doing HOA construction or instilation unless ithey are licensed, bonded and have WC insurance. None of which the onwer would have of course. THe HOA is battling does the owner get stuck with the bill for instillation even though if they move, the racks stay?
Or if they get rid of the item, the racks would stay.. they would not be able to remove the racks as this is considered HOA communal property..

Our sporting good rooms have all kinds of hooks that were put in place for the bikes there all at the cost of the HOA. Nobody was charged whent they got instialled. This owner purchased racks that are not cheap, not asking for reimbursement yet we have a board member asking of the owner is responsible for instillation costs?

There is NOTHING In our docs that address this. Input much appreciated.

RwT (Florida)
Posts: 154

Posted:

Hindsight is 20/20.

The BOD acted hastily even if it or other BODs have done similarly in the past.

Simply rescind the approval based on the issues you have cited.

Future 'additions' should be self contained or freestanding before considering such comingling of property and assn. funds.

* Non-Lawyer spokesperson.

TimB4 (Tennessee)
Posts: 21,061

Posted:

I agree that the Board should have ironed out the details prior to approval.

In my opinion, based on what you provided, the member agreed to buy the racks. The Association agreed. The racks were purchased, the Association should now spend the money to instal them. BTW - The racks now belong to the Association and, if that isn't clear to both the member and the Board, it needs to be prior to the installation. If they don't belong to the Association, then the Board should not spend the money to have them installed and, if they are not going to be installed properly, they should not be placed in the common area.

MikeL13 (South Carolina)
Posts: 83

Posted:

Posted By RwT on 04/29/2014 5:19 PM
Hindsight is 20/20.

"snip"

Simply rescind the approval based on the issues you have cited.

div>

This, in reality, is probably the best solution.

Mike

MikeL13 (South Carolina)
Posts: 83

Posted:

Quote:

Posted By TimB4 on 04/29/2014 7:49 PM

"snip"

The racks now belong to the Association and, if that isn't clear to both the member and the Board, it needs to be prior to the installation. If they don't belong to the Association, then the Board should not spend the money to have them installed and, if they are not going to be installed properly, they should not be placed in the common area.

If you follow through on this, Tim's advice is clear. The racks belong to the association and it would be best to have it in writing.

Mike

CarolR11 (Colorado)
Posts: 2,563

Posted:

Did your board give this owner approval in writing? If no, withdraw it. Otherwise you're probably stuck with it. Does your HOA need extra issuance because of this "piece of equipment"?

CarolR11 (Colorado)
Posts: 2,563

Posted:

RE-read your post, Nicole and now I realize that I don't know what a "sporting Goods Room" is. Please clarify.

NicoleO1 (California)
Posts: 181

Posted:

This is a communal storage area for bikes, etc.

NicoleO1 (California)
Posts: 181

Posted:

It's in our minutes, so yes, it is in writing.

CarolR11 (Colorado)
Posts: 2,563

Posted:

So, Nicole, is there or isn't there some kinds of insurance issue based on the "rack" itself? Or on the work to install it? What kind of equipment would this item hold or contain? A dirt bike? A canoe? What?

We have three bike rooms in our underground garages and our rules clearly state that the only thing residents may place in those rooms are bicycles. You may wish to elaborate on your CC&Rs to say something like that in your Rules & Regs.

But for now, it looks like you/your board have violated your own CC&Rs.

You also wrote: "Our CCRs prohibit private owners from doing HOA construction or instilation unless ithey are licensed, bonded and have WC insurance." Where on your promises would you permit construction/installation?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

This owner purchased racks that are not cheap, not asking for reimbursement yet we have a board member asking of the owner is responsible for instillation costs?

Either the owner sells the racks to the HOA for $1, with written bill of sale, or no deal. No racks.

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