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Posted By LarryB13 on 07/25/2016 12:40 AM
The board's job is to raise sufficient funds to operate the association and to set aside money in reserve for repairs. Lack of funds is never a defense. It is not the owner's job to float a loan to pay for repairs to the structure. The board members, by offering to serve on the board, accepted certain fiduciary obligations. If they have no money for repairs then they failed their fiduciary duties and could be held personally liable for the costs.
My situation, as I write this, may be the perfect example for the OP. Our Units were built in 1989. We are having issues with the concrete slabs, heaving, cracking and "popping", in some of our building breezeways as well as our sidewalks. In our bottom floor Unit, we are starting to notice that under our carpet, it feels like you are walking on small pebbles, in some areas. You can see the cracks run from the breezway, right inside our unit.
At our last HOA Meeting, as the BOD was discussing what to do with the breezeways, I brought up our issue and simple asked, "who would be responsible for the repairs of the concrete, inside the first floor units". The Prez instantly responded that it would be the Unit Owner. I then asked if our Declaration had ever been amended to remove this responsibility from the Association and place it on the Home Owner? He replied no. I then stated that in our Declaration under "Unit Boundaries", it clearly stated that the Association was responsible for ANY repair, to the concrete slabs. I then asked him if he wanted the Book and Page # to confirm this information, he simple stated, "I know where it's at, your comment is well taken". Keep in mind, this conversation is being recorded.
Three weeks later, I sent a very nice e-mail to the BOD as well as the PMC, again asking, if they were going to honor our Documents explanation, on our issue. The PMC reply back, "You need to provide more information at the upcoming HOA Meeting".
So, this is what they already know. 1. The same issues we are having in the breezeways, are now coming into some of the first floor units, as we all have concrete slabs under our carpet padding. 2. Our documents clearly state who is responsible for the repairs. So now we start the "bla, bla, bla" syndrome.
So, what I have done is this. I contacted my Home Owners Insurance Carrier, and explained the situation to my agent. I also wrote an e-mail and sent it to him, as well. I already know, it is not their responsibility to pay for the repairs and I have no desire to pay the deductible, for a problem that I neither caused, nor I am responsible for. He agreed with me as well, after he read our Docs, concerning this issue. I asked him to write us a rejection letter concerning our issue and he had no problem doing so.
I will present my BOD a copy of this letter, in hopes to move this issue along. If I get no satisfaction at our next HOA Meeting, I will call the Associations Insurance Carrier myself, and advise them of the situation. I already know what their answer will be, but it may benefit me, if I need to proceed with legal action or complaints, filed at the State level.
Time invested since the issue was brought up, 25 days. Time I am willing to wait before I pay for the repairs out of my own pocket, 45 days. Time I will spent filing through PWC Court, about 20 min. Will I be successful via the Courts? I have no idea, nor does anyone else. If nothing else, I may get lucky and file an injunction, to simply force the Association, to honor the same contract, they hold me to, which is our Instruments.
Word spreads quickly in a 300 unit association. It seems others are having this issue and they were informed it was their responsibility to repair the issue. That is what prompted me to do a
video, on who is responsible for what, according to our Documents.