CC&R (Covenant Interpetation) Association Responsibility

Started by NinaP1 • 8 replies • 2003 views

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NinaP1 (California)
Posts: 6

Posted:

I have a question on Association responsibility to the paint exterior of the townhouse. For 29 years, all painting of units whether garage doors replace, siding, trim has been paid by the Association. The Association CC&R's states: 7.1 ASSOCIATION RESPONSIBILITY - "The Association shall paint and maintain the exterior Surfaces (but excluding foundation, utility lines, decks, skylights, walkways (wood and concrete), windows, doors, glass surfaces and screens on windows and doors).......(continues with party fences, landscaping, etc.)

Next paragraph states:" The expense of any maintenance, repair, replacement under this section which is caused by the intentional,negligent act or omission of the Owner, Residence, Guest or pet of an owner shall be paid by such Owner and the Board may charge the full amount of any such cost to such owner as a reimbursement.

7.2 OWNER RESPONSIBILITY states: "Each Owner shall have the responsibility at his or her expense to maintain, repair and replace all structures and landscape on his or her LOT in good condition including but not limited to walkways, driveway, party walls, fences, decks, skylights, glass surfaces, doors and window screens, garage hardware, excepting any LOT responsibilities accepted by the Association under 7.1 ASSOCIATION RESPONSIBILITY above.

For the past 29 years, precedence and the governing documents appears to clearly state painting is the responsibility of the Association. When it was requested prior to our exterior siding to be replaced, we requested the board to allow the contractor to paint. The board said to go ahead and have the contractor paint. The work is completed and the painting done.

The Board has now indicated that we are responsible because we didn't repair it prior to the paint cycle of all townhouses 2 years ago. We are responsible to pay for the painting because we caused this intentional act, therefore, the Association is not responsible to pay. The Management owner informed the Board that it's always been paid by the Association.

Now the current Board states, this is how they interpret the CC&R's and because it was intentional it is my responsibility.
The Board will not seek legal advice from the Association's attorney.

Any suggestions or comments on how this should be handled? I have served twice as a board director since living here for 29 years, and I am bewildered.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Nina,

Could lay out the sequence of events a little more clearly? It sounds like after the last painting you arranged for new siding and paid to have it painted. Not sure if that is the way it all happened.

Also, it is not clear who requested that the siding be replaced, who paid for it, and when it happened in relation to normal painting?

BobD4 (up north)
Posts: 1,002

Posted:

Whether your community has 10 units or 800, your Board has no intention to carry out unit by unit exterior painting other than during a general or largescale paint cycle, ie no unit- initiated repainting initiated in the course of discharging unit repair obligations.

So the question posed is : Did you reach an agreement with management that the community corporation would this time pay for your unit's post restoration exterior painting as initiated by you ?

Unless there has been a mis-statement, someone has confused "intentional, negligent" - a conjunctive "both" after wrongdoing - with "owner-initiated" without wrongdoing.

But if that is what you are trying to tell us, it is tough to guess the answer in the absence of hard evidence of what was agreed and /or what else is in your CCRs. If owner-initiated's have been treated as you expect for 29 years, what is to say that such has been right or wrong ? Decades of wrongful handling - if such is the case here - don't necessarily skate everything onside or CCRs would be meaningless.

Maybe the least toxic is to review the evidence and propose a partial contribution as if no one was too lazy or risk -tolerant to clarify for the record.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Hi Nina

Would be helpful to know:

How often does the HOA usually paint?

Is painting paid out of reserves?

If you have a reserve study, what does it say about painting some or all of the homes?

Sikubali jukumu. Read all posts at your own risk.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nina,

Let me see if I understand this.

The Association is responsible for the painting of the buildings (along with some other stuff).

The owner, you, are responsible for actual repairs to the buildings

At some point, your siding was damaged and needed replaced (which you did). Rather than have the repair look different then the rest of the siding, you asked permission from the Board to have the contractor paint it.

The Board said yes the contractor could paint it.

Now the question is, who is paying for the paint job.

Is this correct?

Expecting that I understand your issue correctly, you are indeed in a grey area as who was going to pay for the paint job was never discussed. You expected the Association to pay, the Association simply thought you were asking permission for you to paint and that you would pay for the job.

In my opinion, and I am not an attorney and I do not work in the legal profession, is that (based on what you provided) the stronger argument is on the Associations side. However, that opinion could change based on the actual written communication between you and the Association.

My advice, work out a compromise. Perhaps each side paying half.

If the issue goes to court, it will cost more than the paint job and only the attorneys will be happy.

NinaP1 (California)
Posts: 6

Posted:

2 years ago, the PUD did a 6 year paint cycle and painted all the townhouses. The painting contractor would prepare, caulk, prime as need and paint 2 coats on all townhouses (this is in the signed paint contract with the Association). Paint contractors would mark areas in need of repairs and require homeowners to repair and replace siding/trim prior to painting. I have a 2 story townhouse and made the required repairs as marked by the paint contractor (none on the upper 2nd story). All painting was done and I assume there was no problems.

Beginning of this year, we noticed on the upper 2nd story, the wood siding boards separated and popped out in several areas. Concerned when the rain comes, it may further damage our house. We hired a licensed contractor to make the repairs. He rented a scaffold to reach the upper 2nd story. He informed us that there was no caulking on the seams of the wood siding boards.

I paid for the repairs and replacement of the wood siding, and expected the Association to pay for the painting as it had been always paid for in the past 29 years. All repairs, replacement by a homeowner at anytime whether it was during a paint cycle or between paint cycles was handled by the Association and a painting contractor hired. In this case, the contractor said not to wait too long to get it painted and it will cause siding to fail more rapidly. Therefore, we asked if it would be okay to let the contractor paint since he had the scaffold set up. The board told me to go ahead and to bring the bill to review. They did not confirm payment. I assumed it would not be any different then how other homeowners were treated when they made repairs/replacement. Also, the CCR&Rs stated Association responsibility for painting the exterior of residences.

The Board stated we caused this intentionally and therefore responsible for painting cost. I do not understand how my situation is different then others who have done the same throughout the years (during a paint cycle and/or after a paint cycle) Aren't all homeowners doing repairs intentionally then?

I know the paint contractor did not inspect or prepare the upper 2nd story on the side of my building. All spray painting were done from the ground. I'm now wondering if it was negligent on the Association's part for not supervising the contractor because it doesn't appear they had properly prepared, or caulked my entire building prior to painting my house. Now I'm thinking this is what caused my siding to fail.

The CC&Rs I provided here is current and this is all that is printed. No where does it state about painting between cycles, or painting by homeowners....nothing. I read it clearly that "the Association shall paint and maintain the exterior of the residences". Am I interpreting this wrong? Why after 2 decades, it is different for me?

Thanks for your comments and advice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By NinaP1 on 10/30/2014 9:15 PM

I assumed it would not be any different then how other homeowners were treated when they made repairs/replacement.

But it was different. Per your own posting the Board hired the contractor and had it painted after the repairs. In your case, you didn't want to wait for that to happen. Therefore, you asked if the contractor could paint and the Board said yes.

What should have happened was for you to ask if the Board wanted to take care of finding a painting contractor or did they want your contractor to go ahead and paint it.

The devil is in the details. As I said, it's probably best for you to work out a compromise with the Association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nina,

Keep in mind that if you were on the Board and asking the same question as to who should pay, I would say that the Board made a mistake by not clarifying who would be paying. Therefore, the Board should be able to see the members perspective of thinking the Association would pay.

I would then make the same suggestion to them. Work out a compromise.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Nina

Repairs aside, what did the contractor charge for the painting?

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