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HollyL (North Carolina)
Posts: 10
Posted:
Hi All!

I have a pressing situation that I need help with. The Board is in the process of inspecting and making exterior repairs on all of the townhouses in our complex. One homeowner is refusing to let our contractor perform any inspection, and has also gone so far as to say that he refuses to allow any work to be done on his unit. How would you handle this?

Thanks!
RogerB (Colorado)
Posts: 5,067
Posted:
Holly, your management company should be able to handle this. If you don't have a MC the board can send the owner a letter making him aware he owns only the air space inside his condo and he has no authority to denigh repairs to the exterior. If he threatens bodily harm I would get a court order and have the police or sheriff's deputy available when the contractor wants to do the repairs. Advise him on his potential liability for any expenses involved if his threats require legal action.

Roger
LouraS (<Not Specified>)
Posts: 9
Posted:
I'm unclear if your community is a condominium community in which case the exterior as well as the land surrounding the buildings are common elements and the owners "approval" isn't necessary at all. If you have townhomes, there should be easement language in your declaration that grants the Association the authority to enter onto lots to perform maintenance obligations. You might want to notify the owner of this easement right and then proceed with the work.

Loura Sanchez, Esq.
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HindmanSanchez
Attorney Licensed in the State of Colorado
www.hindmansanchez.com
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