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AlexG2 (California)
Posts: 18
Posted:
Our Condo is in S. California, the project contain 26 units, it was built in 1987, we have a flat roof, the BOD approved to replace the entire roof, we hired a Roof Contractor and we signed a tentative contract, the roofer noticed that the AC units on the roof are as old as the building, rusted and leaking rusted condensation water on the roof floor. The roof contractor wants us to sign a warranty waiver to the effect that that if the roof is damaged due to rust water ponding then the warranty is voided.
The AC units are over 30 years old, were never been serviced, the HOA hired a AC contractor to advise if the AC units can be repaired, his response was the units are non repairable and must be replaced. The only reference to the AC Component in the CC&R’s is that the unit must be serviced on a regular basis by the unit owner. We sent a letter to all homeowners that their AC is leaking rusted water and the unit cannot be repaired and must be replaced before installing the new roof. About 60% of the homeowners agreed to purchase and install new AC units, the rest don’t have money and two homeowners said that the HOA can NOT force them to replace the AC unit.
The HOA will not replace the roof with a conditional warranty, and the roof must be replaced according to the reserve study, and if not, the building insurance will be questionable in case of failed roof.
The question is, how can we go about replacing the roof without those few units refusing to install new AC unit? One board member suggested asking the home owner to get his home insurance to add the HOA as beneficiary in case the roof is damaged due to the insured AC unit, other suggestion is to ask the Gas Company to cap the gas line going to the AC unit. We appreciate all the help and knowledge of the responders.
KerryL1 (California)
Posts: 14,550
Posted:
As you know, Alex, one of your most important duties is to protect your HOA's common areas. You have written documentation from your roofing contractors that the old units will damage the new roof. Bottom line, your board cannot permit that to happen

For those who refuse to replace their old AC Units, which is an Owners' responsibility, why not have them removed from your common areas roof?

Check with your HOA attorney first and if s/he agrees you can do this, perhaps have the attorney send a letter to Owners stating that all AC Units must be removed by xx/xx/xxx and any that remain after that deadline will be hauled away at the Owner's expense so that work can begin on the new roof. Or whatever your attorney advises.

You might try a little begging & pleading first and also see if you can get a bulk rate if everyone buys/has them installed by the same vendor at the same time.

You also might wait till November or so so that who truly cannot afford a new one will have more tolerable weather for a few months while they might be able to save up for a new one.

It's only a start, but I'll bet you'll get some good ideas here.

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