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HelenJ1 (Illinois)
Posts: 1
Posted:
June 24, 2017

I live in a condo that the entire area consists of many individual buildings, run individually, on a block of condo buildings that has an Umbrella Association President. I'm my building's president and am dealing with an issue that I need assistance with to get resolved. My building (consisting of 8 units = 8 owners) faces south & the neighboring building (also 8 units & 8 owners) directly across from me faces north. There is a sidewalk directly in between the two buildings. I'm in the process of trying to determine who exactly owns this sidewalk & what percentage. In the meantime, this sidewalk is in dire need of repair & am afraid someone might get hurt walking on it. Since April 6, 2017, I've been texting & calling the president of the other building to speak with me regarding repairing the sidewalk to no avail. He hasn't returned any of my texts or phone messages. I went to the City of Palos Hills to speak with the Building Commissioner in May who told me that Palos Hills doesn't own it & has no control over it. However, he did go to view the property & did contact by phone the president asking him to return the phone call to no avail. The Building Commissioner did tell me that he was going to send him a letter (I'm looking into whether this has been done or not) to encourage him to have this repaired. I went by the president's unit and buzzed him to no avail. First and foremost, I'm afraid that someone will get hurt. Second, I'm afraid that we're going to be sued if someone does get hurt. Please advise me as to what I can do to have this issue resolved, as I have no idea what to do next & no one in my building can afford a lawyer.
Thank you!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Stop living in fear your going to get sued. Get that out of your head before approaching any subject/object in a HOA. The fact is your going to be threatened to be sued. It is very rare someone goes through with it. If they do, then look at your worst case scenario of what happens if they win. Which is usually covered by insurance. Courts also makes one "Whole" and NOT a profit. So if someone fell due to the sidewalk, your HOA is most likely looking at the cost of medical bills and/or cost of repairs of the sidewalk.

Now for your issue with the sidewalk... It's probably considered common area of the overall HOA. A HOA is ONLY funded by it's members for it's members. So I would suggest if that worried about it, then raise the funds via a special assessment to pay for it. Trying to get someone else to do the work isn't working for you.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
If the other building is equally responsible for the sidewalk then they should pay half the cost of getting it repaired. Wait and see what the building commissioner says, but don't wait forever. What about the umbrella association? Do its governing documents say anything about this piece of common property where the sidewalk is?
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the Forum, Helen. Please don't let Melissa's remarks affect you. As a part of your overall HOA's governing body, you do need to protect it from lawsuits.

Does your building have its own set of CC&Rs that say who's responsibile for this sidewalk?

With Geno, how does the master HOA fit in here? It seems to me you need to contact that president or Board for advice.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My advice is don't spend tons of money protecting your HOA from every little threat or perception of being sued. It can cost more money doing all the preventative consultations and nothing ever happens. I don't knee jerk react to every little threat that comes along. Show me the paperwork first not just the words. Too many HOA's spend too much money on preventative/worries than they would on the result if they were sued.

Whatever happens in this situation. The cost of the repairs is still on all the members in the HOA. I would get some quotes to present the other president or other members. Let them see the numbers and maybe more results will happen. It's not like the other president is responsible to pay for it out of their pocket. It's coming out of ALL the member's pockets.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
If, Helen, only you & the other building are completely responsible for maintaining this sidewalk, do you have a reserves account for it? This is, an account where you've been saving up funds for future repairs & replacements?

Or...is it possible the master association have receives for all the sidewalks at your HOA?
KerryL1 (California)
Posts: 14,550
Posted:
If, Helen, only you & the other building are completely responsible for maintaining this sidewalk, do you have a reserves account for it? This is, an account where you've been saving up funds for future repairs & replacements?

Or...is it possible the master association have receives for all the sidewalks at your HOA?

Let me try a different question: All owners pay dues to the master associaton, right? But does a tiny portion of these dues pay for your budiling's future needs? Let's say new roof?

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