Building permit issue

2 owners are in a dispute about water damage to the lower unit's ceiling. Now the upper unit owner is alleging that the lower unit owner did work without a building permit. There was certainly work done by the lower unit-owner that required a permit. Does the board have any responsibility in checking that the unit owner has taken out the correct permits? The work was done 2 years ago. Since the upper owner is clearly retaliating against the lower unit owner, I'd prefer not to get involved. If it turns out that there was no permit for this work, are we required to act in any way? On top of that, this person (the lower unit-owner) is a member of the board now...
I'd prefer not to be policing unit-owners doing renovations - is this just a matter between the town and the unit-owner, if the other unit-owner reports it to the town? Or could we be held liable for a problem down the road? The upper unit-owner is claiming that his bathroom floor is sloping because of the work, but I seriously doubt that is the cause. It was either like that already, like most of the units here, or caused by the water damage from his carelessness.
We are in Massachusetts in case that impacts anything. Buildings constructed in 1975, converted in 1982.

While we would all prefer that our homeowners get permits, it is not the HOA's responsibility.

The lack of a permit is between the lower floor owner and your local building inspectors.

A potential buyer of the lower unit could have standing to challenge the lack of permit, but not the upper unit owner (unless he experienced some loss due to poor construction. His remedy would be through the courts, not the HOA.)

I just looked at the MA code, and it basically requires a permit for anything a plumber does. However, I have never had a plumber tell me I needed a permit for any of the jobs - connecting pipes, repairing leaky faucets, etc. Interesting. We don't have any architectural forms, and our bylaws just require permission for pretty major renovations involving walls or windows, which this would have been. I was not on the board when it occurred. A basic bath or kitchen remodel does not require board approval.

Only if your governing documents require that the Association checks permits. Typically they do not.

I would simply tell the upper unit owner that building permits are outside the jurisdiction of the Association, and he should direct any such allegations to the appropriate authority.

Typically, good contractors will tell you if a permit is needed or not. If they are needed, unless the contract says otherwise, it's the owners responsibility to apply for and obtain the necessary permits.

John,

I don't think that it was unreasonable for an owner to seek permission from the Association prior to obtaining a permit.
It makes sense to see if the Association will approve the plan and then deal with the permit process vs. obtaining a permit, having the Association require changes and then going back and modifying the permit.

Tim,

If a common element is to be altered then the HOA really really needs to be involved.

Checking for the permit AND SIGN-OFF would be the minimum needed.

Apparently this HOA 'routinely' approves MAJOR alterations based solely on their appearance.

The association's approval should be granted CONDITIONALLY upon the getting of the required permit(s) BEFORE actual work begins.

An individual owner should not be allowed to make alterations to common elements w/o at LEAST building department approval.

-never mind an actual engineer's approval-

?removing walls?

?fire walls?

?smoke check walls?

w/o a permit who would know until it hit the fan (God forbid)

pps:

The responsibility to obtain said permit rests with the owner of the property being altered.

Yes, a permit is required to remove even a non bearing wall as electric, at least, would be involved ~ not to mention fire/smoke, HVAC, carpentry, noise, etc.

Since the HOA owns a common element which the homeowner wants to alter ?????

This entire major modification by an owner to a multi-story condo is a can-o-worms !!!

Better the BOD get some legal advice IN WRITING and check with the authority having jurisdiction about required permits.

Since the OP is asking about this subject it would appear that the BOD is 'clueless'.

Best of luck.

CAVEAT EMPTOR