Exterior maintenance

KarenT (Washington)
Posts: 250

Posted:

Very small HOA with volunteer board and self-managed. One or two homeowners who do not want HOA telling them they need to paint their homes. One has not been painted ever (built in 1936) and has been in the subdivision since it was developed 22 years ago. One has not been painted since it was built in 2001 16 years. The HOA sent out notices to four homes that have never been painted over a year ago stating the "HOA respectfully requests you consider painting". The subject was brought up again at the annual meeting in March. Two have completed painting but the remaining two are refusing to paint. Our CCR'S State they have 45 days to complete requested maintenance and then the HOA can contract out and assess and lein. Has anyone ever had to have their HOA contract out the exterior painting and assist the homeowner?

KarenT (Washington)
Posts: 250

Posted:

Sorry meant contract out "assess" not assist Lol!

LetA (Nevada)
Posts: 2,679

Posted:

How does a home built in 1936 get tied into an HOA? There might be some obscure variance or historical exemption.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By KarenT on 08/01/2017 10:05 AM
Very small HOA with volunteer board and self-managed. One or two homeowners who do not want HOA telling them they need to paint their homes. One has not been painted ever (built in 1936) and has been in the subdivision since it was developed 22 years ago. One has not been painted since it was built in 2001 16 years. The HOA sent out notices to four homes that have never been painted over a year ago stating the "HOA respectfully requests you consider painting". The subject was brought up again at the annual meeting in March. Two have completed painting but the remaining two are refusing to paint. Our CCR'S State they have 45 days to complete requested maintenance and then the HOA can contract out and assess and lein. Has anyone ever had to have their HOA contract out the exterior painting and assist the homeowner?

I don't think you can legally go on someone else's property and paint their home. It would open you up to several criminal and civil liabilities. Your only recourse is your CC&R's, your state statutes on assessing fines and lens, and up to foreclosure on the property.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By LetA on 08/01/2017 12:23 PM

Posted By KarenT on 08/01/2017 10:05 AM
Very small HOA with volunteer board and self-managed. One or two homeowners who do not want HOA telling them they need to paint their homes. One has not been painted ever (built in 1936) and has been in the subdivision since it was developed 22 years ago. One has not been painted since it was built in 2001 16 years. The HOA sent out notices to four homes that have never been painted over a year ago stating the "HOA respectfully requests you consider painting". The subject was brought up again at the annual meeting in March. Two have completed painting but the remaining two are refusing to paint. Our CCR'S State they have 45 days to complete requested maintenance and then the HOA can contract out and assess and lein. Has anyone ever had to have their HOA contract out the exterior painting and assist the homeowner?

I don't think you can legally go on someone else's property and paint their home. It would open you up to several criminal and civil liabilities. Your only recourse is your CC&R's, your state statutes on assessing fines and lens, and up to foreclosure on the property.

Many CCRs do specifically allow the association to go onto the lots and perform maintenance. Whether it's a good idea or not is up for debate. We only do it on unoccupied homes, typically under foreclosure. In occupied homes you run the risk of an armed hot head shooting at your contractors or at the least calling the police and claiming trespass. The police are most likely not going to read your CCRs and decide to let the contractors stay on property, they'll say it's a civil matter and you'd need to get a court order to allow the contractor to work on the property.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DouglasK1 on 08/01/2017 1:31 PM

Many CCRs do specifically allow the association to go onto the lots and perform maintenance. Whether it's a good idea or not is up for debate. We only do it on unoccupied homes, typically under foreclosure. In occupied homes you run the risk of an armed hot head shooting at your contractors or at the least calling the police and claiming trespass.

Exactly this. Our CCRs specifically state that the board shall not be guilty of trespass when entering a property to perform maintenance when the owner has neglected to do so. We've never done it, though, for the reasons DouglasK1 has stated. Our HOA attorney has also advised against doing it, but criminal or civil liability is not amoung the concerns.

TimB4 (Tennessee)
Posts: 21,059

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Quote:

Posted By KarenT on 08/01/2017 10:05 AM

Has anyone ever had to have their HOA contract out the exterior painting and assist the homeowner?

Our governing documents have similar language.

Our attorney informed us that unless it's a safety issue (which painting is not) we should not enter the persons property without a court order. Otherwise, those who enter the property (the land is considered the property) will likely be defending trespassing charges.

Additionally, it will be difficult to locate a contractor willing to enter someones property and perform work without the owners permission.