Quality of Repairs not Up to Commuinty Stantard

Started by AnnaA4 • 3 replies • 1396 views

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AnnaA4 (New Jersey)
Posts: 1

Posted:

Hi,

A homeowner repaired cracks in their brick steps by covering them with cement.

The owner is claiming that there is nothing in the by-laws about the quality of work done.

Our by-laws state the a homeowner can not change the appearance of any portion of the exterior of any building.

Any help on how to get through to this namby-pamby that does not want to take responsibility for his action?

Thanks

AA

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Anna,

Welcome to the forum.

First I would not refer to the individual as a namby-pamby. If this is your personal opinion of the individual you might not be the best representative of the Association to them.

Expecting that you are on the Board, and not seeing the issue for myself, rather then going with failure to obtain permission for exterior changes (in reality they simply tried to repair, not change), many covenants specify that the property must be maintained in a way to provide visual harmony and soundness of repair. This may be the best section of the governing docs to utilize.

If you are simply a neighbor who has to look at the issue everyday and wants the Association to make it go away, keep in mind that you also have the same authority. Simply consult with an attorney and file legal action on your neighbor.

KerryL1 (California)
Posts: 14,550

Posted:

You need to ask your board, Anna, to write the owner a letter demanding that he comply in xx days with your rules on this topic. If he foes not and if your documents permit, the Board should send him a letter inviting him to a hearing. The letter should state why he's being called to a hearing. If he still dons' not comply, the Board might be able to fine him IF you governing documents allow it.

LetA (Nevada)
Posts: 2,679

Posted:

I too have a question about pool plaster if you have experience or knowledge in this area.
Two years after both our pool and spa was re plastered our HOA FINALLY had the missing tiles in the spa replaced in the heat of the summer.
The spa was drained halfway to about an inch below the seat. after the repair was made and the spa filled with water, I noticed the plaster chipping away around the jet nozzles, the stairs and in a couple places on the seats.

My theory is the spa was drained and the 110 degree heat from the sun caused the damage, IMHO this is not wear and tear I have been pressing the board and the CM all
whom blow be off. AS a homeowner I don't want my dues going up to pay for another plaster job.. I think the HOA should investigate this, and if the responsible party for cracking the plaster pays for the repair not put this on the homeowners.

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