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EricM9 (Delaware)
Posts: 10
Posted:
President of HOA Board. We hired an engineer to draw up plans for replacing the community's decks (which were in dangerous condition). Town & county approved. Hired contractor. Engineer, town, and county keep on approving progress. New owner had his airconditiong guy(yes airconditioning) say the new decks were crooked (same day as county passed inspection). Had engineer come out for special visit at hoa expense and was unfounded. Yesterday the guy's flooring guy said the decks aren't good because they aren't using metal flashing (they are using rubber which is more expensive) and there's a gap (for trim work as they are still being done), so the guy wanted to stop all construction immediately.

It seems his people are jealous of contractor (since contractor is out-of-area). Anyway now guy wants to speak directly to our engineer. As the board we feel this is a bad idea. He can have his own engineer, but the engineer works for us, and we don't need extra voices. How have others deal with the crazy owner.
SheliaH (Indiana)
Posts: 6,964
Posted:
You can't stop him from talking, but that shouldn't stop you from doing what you need to do. So far, it looks like you're doing your due dilligence, so review what all that entailed and then ask him what are his SPECIFIC concerns are - especially since the work has been inspected and improved by the town and county (who do this stuff for a living.) Have him provide documents from qualified people (not the air conditioning guy) who can back up his concerns - unless and until he does all this, the work will continue.

If the man really wants the construction stopped, he can get an attorney - he'll still have to make his case in court (usually the prospect of spending his own money will calm him down).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
EricM9 (Delaware)
Posts: 10
Posted:
So does the hoa member have a right to reach out to our engineer without our permission? We just feel it's a bad idea...

We already addressed all his concerns, but still looking to speak to engineer. Can we halt him by asking him to provide written documentation from a qualified person?
DouglasM6 (Arizona)
Posts: 724
Posted:
You should let the engineer talk to him. Actually, all members should be encouraged to get involved and watch the process and progress.

Town and County only approve based on structural integrity, not aesthetics.

Your engineer can probably sway him, or make minor changes to appease him.
DouglasM6 (Arizona)
Posts: 724
Posted:
Is this deck at a common area?
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By EricM9 on 02/22/2017 4:44 AM
So does the hoa member have a right to reach out to our engineer without our permission? We just feel it's a bad idea...

We already addressed all his concerns, but still looking to speak to engineer. Can we halt him by asking him to provide written documentation from a qualified person?

This sort of thing happens from time to time, with homeowners wanting to interfere with the work of contractors who are hired by the ASSOCIATION. In my community we've always told homeowners if they have questions or concerns about a contractor or any project authorized by the board, they must send those to the property manager or the board - the contractor cannot and will not alter the contract/work agreement they entered into with the association without authorization from the board. If a homeowner wants to hire the contractor directly for work on areas he/she is responsible for, they can negotiate whatever deal they like, but that will be between the two of them. Of course, if it's an exterior change, they will have to go to the board to obtain prior approval, as required by our CCRs.

In this case, it probably wouldn't hurt anything for him to speak to the contractor, but you need to give the contractor a heads up, reminding him that the board has final say on how/when/who does work on behalf of the association, so some (many?) of his questions will have to be referred to the board for its response. If the contractor doesn't want to talk to him, that's ok - he can simply tell the homeowner politely, but firmly that he cannot answer any questions about the project, but will be happy to refer them to the board or property manager.

Better yet, this would be a good time to put something in your newsletter and website (if you have one), reminding people of proper procedure, especially as warm weather is approaching (hell, it'll be nearly 70 degrees in Indy today!) and there will likely be more contractors doing work around the community.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Eric,

Use this as an opportunity. It appears that the Board has failed to answer all of the Members questions.
You can have a special meeting for everyone to ask questions.
You can write articles for your Newsletter explaining what is happening.
You can ask that the individual provide written questions which you will raise with the engineer (explaining that the Association pays for the engineers time and that can become expensive.
EricM9 (Delaware)
Posts: 10
Posted:
We are a small 12 unit condo. This owner did not go to the annual meeting where we had a q&a session with the contractor. There is no newsletter. Each unit is having its multiple story deck replaced. This has been in the works for 2 years.

The owner's question are based on his air conditioning and now flooring guy (same company) telling him the decks aren't being done right (and likely their company can do better) yet neither is qualified. These decks are a 6 month project and we are in month 4. This owner sent email to everyone to have all worked stopped for complex, till his questions were answered. As mentioned we had engineer come out after air conditioning guy complaint and it was unfounded.

We are ok with him submitting questions and sending to our engineer as our next inspection is likely in a week. But I'm taking it from everyone you guys would have engineer speak to him. We are worried this behavior will get worse and worse.. What if his plumber has feedback...
TimB4 (Tennessee)
Posts: 21,062
Posted:
Eric,

Try and take it as if the individual means well and truly thinks there is an issue.

Based on your additional info, I would respond to him something along the following:

Sir,

The engineer bills the Association for his time at an hourly rate. This can become expensive for a one on one meeting with members. This is why the Association arranged for the engineer to be available at our last annual meeting where a Q&A session took place. Since you were unable to attend that meeting, I will be more then happy to forward any questions to our engineer for a response. Please provide written questions (so the engineer has your exact question) to me by mm/dd/yyyy.

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