JR4 (California)
Posts: 6
Posts: 6
Posted:
If someone can give me some advice I would appreciate it.
I bought a condo in a 4 unit complex and took over the board a year ago. There was serious neglect to the building from termite damage, landscaping, leaking water etc. Of course the dues over the last 10 years have been just enough to cover the basics, water, sewer, trash, Common area electricity, minimal landscaping, pest control (not termite) and so on. The association collected about $1000 a year above set costs for repairs when I first did the budget. The board and I approved repairing all the wood damage to the common areas as described by our CC&R's. While doing the repairs we removed the facia and trim boards around the wood windows on the end unit and discovered the window frames were significantly damaged with termite and water damage. The owner had done makeshift repairs which is the only reason the glass did not simply fall out.
The current owner who is a real challenge to deal with is threatening to sue if we don't replace his windows due to the long term neglect the building has experienced. Note he has been here over 20 years, the longest of all members, refuses to pay his insurance and has stated he will never pay a penny more than the $200 dues we currently pay (yeah I know, only $200).
Our CC&R's state, "Each owner shall also be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior."
My question: is the HOA responsible for the termite damage to his wood window frames? Reading the CC&R's my gut says no.
Thanks for helping.
I bought a condo in a 4 unit complex and took over the board a year ago. There was serious neglect to the building from termite damage, landscaping, leaking water etc. Of course the dues over the last 10 years have been just enough to cover the basics, water, sewer, trash, Common area electricity, minimal landscaping, pest control (not termite) and so on. The association collected about $1000 a year above set costs for repairs when I first did the budget. The board and I approved repairing all the wood damage to the common areas as described by our CC&R's. While doing the repairs we removed the facia and trim boards around the wood windows on the end unit and discovered the window frames were significantly damaged with termite and water damage. The owner had done makeshift repairs which is the only reason the glass did not simply fall out.
The current owner who is a real challenge to deal with is threatening to sue if we don't replace his windows due to the long term neglect the building has experienced. Note he has been here over 20 years, the longest of all members, refuses to pay his insurance and has stated he will never pay a penny more than the $200 dues we currently pay (yeah I know, only $200).
Our CC&R's state, "Each owner shall also be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior."
My question: is the HOA responsible for the termite damage to his wood window frames? Reading the CC&R's my gut says no.
Thanks for helping.