maintenance when everyone doesn't agree

Started by BruceS1 • 2 replies • 1217 views

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BruceS1 (Oregon)
Posts: 2

Posted:

Hi -- My name is Bruce and I'm the chairman of our Architectural Review Committee at our HOA. Homeowners own both their property and the outside of their homes. So it is essential we get the cooperation of all homeowners in individual buildings to agree to have maintenance and other work done.

Our CC&Rs allow for homeowners within a building (most of our units are 4-5 in a building) to get together to maintain their buildings. They either have to all agree to do something, in this case, paint, or if 51 percent vote to have work done, they can do the work on all units and put a lien on non-cooperating homeowners for the cost of the work to their unit.

We now have a case where four of five homeowners in a building have signed an agreement to paint a portion of their building. The fifth doesn't want to do it. According to the CC&Rs they can go ahead and paint theirs and the non-agreeing homeowner's homes.

My question is would the CC&Rs override any state/local trespassing laws, etc. Can a painter just go ahead and paint someone's home who doesn't agree with having the work done?

We're in a quagmire here. This issue is likely to come up again and again.

Any ideas?
Thanks,
Bruce

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Yes, they can paint the person who's not wanting to participate with the majority and lien them for the cost of the work. It's odd man out. Majority vote rules. Some will advice court order and such. That's fine and if it makes everyone feel more comfortable, then do it. Just remember the costs of court filings and/or other legal actions will have to be split amongst the majority as well. However, court fees are allowed to be recouped with the other money owed for the work.

It sometimes takes extreme actions to get things done. It's not fair to the other 4 homeowner's to have to pay the 5th person's share anyways. Those 4 owner's have every right to collect funds from the other owner for the same work. I am sure the non-paying owner will be mad. However, that's just the way majority votes work.

Suggestion: Find out why they refuse to have their part painted. Can they not afford it? Or are they just NOT happy with having CC&R's? If it's a money issue, try to work things out. If it's the latter, then stick to the rules.

Former HOA President

JoeW1 (New York)
Posts: 728

Posted:

BruceS1 - What elements is the HOA responsible to maintain and replace?

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