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HectorR (Florida)
Posts: 84
Posted:
Our pool bathrooms are finally being remodeled( good thing ). Here is the problem, he board and the management never notified the home owners that the pools were going to be closed. No notices were sent out at all. We also dont know how much this is costing us because in the last budget meeting the last proposal was never approved because the company was not licensed and insured. This was discovered by the previous management company.
I took a walk to the pools and did not see any permits posted on the doors or walls of the pool area. I had left several messages for the management company to call me because I have questions but yet to receive a call back. My concern is that if one of the workers gets huirt can they sue us?.
Also if I call the county Inspector and not permits have been pulled, who gets hit with the fine? The property management or the association?
There is 2 white pickup trucks no company names on them and they are doing plumbing, electrical and tile work.
What can we do?

MarkM19 (Texas)
Posts: 1,459
Posted:
Hector,
It sounds like you want to find things to be mad at here. Yet you say it is a good thing it is finally getting done. The repairs are not a budget item. It is a reserve item because they are being repaired. You are correct that notice should have been given about the Pool being closed. They should be admonished for not doing this notification. You said that the last proposal was rejected for lack of insurance and license. This means the board is following the rules and looking for qualified contractors. You said that no permits were posted. How do you know this if the Pool is closed? Posting and having had them pulled are 2 different things. Not being from Florida any longer and knowing next to nothing about the size of this project who knows if permits are required. It is the Contractors responsibility to pull permits if required. If you raise this issue with the City you will force them to stop work and the Pool will be shut down for much more time. I lived in Florida 30 years ago and did hired contractors all the time. This is the worst State for contractors in my opinion. Many contractors Sub out much of the skilled work to other contractor that do piece work. Unmarked trucks is not that unusual in my opinion.

The job is underway. Let it get done and then make your complaints if you have any. I may be wrong but I think you are one of those guys that just wants to be mad. Have you thought about running for the board so you can see how things work from the inside? The view is much different when you have all the facts.
KerryL1 (California)
Posts: 14,550
Posted:
Have you, Hector, made a written request to mgmt. to give you a copy of the contract? this might answer some of your questions.
RoyalP
Posts: 1,104
Posted:
..... It is the Contractors responsibility to pull permits if required. .....


Absolutely, positively INCORRECT.

It is the property owner's responsibility.

The contractor, however, 'usually' gets the permit ON THE OWNER'S BEHALF.

however

In some jurisdictions skilled trades contractors must be INDEPENDENTLY licensed / permitted.

Bottom line:

The building / property / structure owner requires a permit to perform certain modifications / installations.

The contractors (if any) for said work may, or may not, ALSO require permits as well as business licenses.

The lack of knowledge re: construction is APPALLING.

Thank the Creator I am retired and no longer involved in the modern 'NEVER stop improving' mess.
GenoS (Florida)
Posts: 4,276
Posted:
Hector, you should report your suspicion that work is being done without the proper permits to your county building department. In my county they'd have an inspector out here in less than 24 hours. As for fines, it depends. My county prefers compliance to fines but they would still issue a stop-work order. If the project was brought into compliance in a couple of months the county typically waives the fine. Your county maybe does things differently. If there ultimately a fine levied then the HOA would have to pay it out of the operating funds.

This is a potentially serious situation. Would the association's insurance policies pay if it was determined that unlicensed and/or uninsured contractors were being employed? Probably not and that would be bad news.
KerryL1 (California)
Posts: 14,550
Posted:
I'd get a copy of the contract first. Request in writing. It'll all you a lot about permits, etc., the name of the contractors, licenses, etc.

But....Hector n might be the one whose PM won't communicate with him?
SamE2 (New Jersey)
Posts: 310
Posted:
What are you trying to accomplish? If you call in the building inspector it may delay the project and add to the cost. Unless I knew otherwise I would trust it was being done properly and wouldn't second guess.
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By SamE2 on 04/27/2019 6:25 PM
What are you trying to accomplish? If you call in the building inspector it may delay the project and add to the cost. Unless I knew otherwise I would trust it was being done properly and wouldn't second guess.

if it is being done without a required permit

then

it is NOT being done properly

SamE2 (New Jersey)
Posts: 310
Posted:
Royal I agree with you but Hector did not say he does not know permits have not been pulled.
KerryL1 (California)
Posts: 14,550
Posted:
Right, Sam. I'm kind of remembering about Hector, but don't have time to look up his past issues.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By SamE2 on 04/27/2019 6:25 PM
What are you trying to accomplish? If you call in the building inspector it may delay the project and add to the cost. Unless I knew otherwise I would trust it was being done properly and wouldn't second guess.

That would be a most regrettable course of action.
RoyalP
Posts: 1,104
Posted:
A permit would be VISIBLY POSTED.

either

the permit itself

or

inside a 'permit box' (visibly mounted on a 'post board') clealry labeled as such

A member of a corporation is actually performing due diligence, why bash him ?
HectorR (Florida)
Posts: 84
Posted:
I dont know why some may think I'm looking to be mad at something or anything.
I was on the board as treasure and there were too many questinable activities and HOA violations of our by laws which led me to step down. I'm paying the association $1,596.00 a year on time and a year in advance for their services and nothing is being done. So lets begin and then you see why we and myself are so angry at this board.
When inwas treasure I found and requested the following:

1-Costco membership card check payments for the president and his wife.( no successfully continues.
I asked to hold the membership card and was quickly rejected.

2-Lowes Credit Card made to our community and the president is the one who holds it and he also works at lowes part time. I asked if I can hold it as I was treasure and was quickly rejected.

3- Every single memeber of the board is signing checks. Goberning documents state that the treasure is the one responsible for the signing of the checks. I asked that we narrow it down to the president and treasure and again rejected. So that means if one decides not to sign a check for some reason, then they pass the check to someone else to sign.

4-Contracted repairs and estimates:
The only bids that were cceptable were the bids from people he knows.

5- in May of 2018, I was able to negotiate a contract for our community with Comcast for ease of access. I got us from $70,000 to $82,000.
We all agree that the funds were to be used for capital improvements which we need and now that money is nowhere to be found. I asked the president when are the capital improvents are going to commence and he stated that the funds have been depleted. I was shocked and amazed, hen I asked how he stated for hurricane repair damages. That information is incorrect, we got hit in September and we were all cleaned up by late November. We got the check in May...where is the funds? He said ask the property manager...huh?

Can anyone see why. M.acting the way I am?
Where is our money going?
Why does our community continue to look run down?
Why are homeowners and renters violating our bylaws and the board memebers are just sitting back and doing nothing?
The board memebers are as follows:

The president ( who is an association employee)
Vice President( his best friend)
Secretary ( the presidents wife, yes they own 2 properties)
New Treasure an elderly man who say yes to everything and I belive they take advantage of him. When i was onnthe board I had to sit and explain everything to him.
I'm angy,fustrated, annoyed. We need new board memebers we can never have a quorum, they been on board for 8 years. We have 7 people who want to serve, there is alot of colusion and we are basically stuck. My home is paid off and I dont want to sell and move but it looks like thats going to have to be my only option.

SamE2 (New Jersey)
Posts: 310
Posted:
Quote:
Posted By RoyalP on 04/28/2019 5:38 AM
A permit would be VISIBLY POSTED.

either

the permit itself

or

inside a 'permit box' (visibly mounted on a 'post board') clealry labeled as such

A member of a corporation is actually performing due diligence, why bash him ?

I didn't think I was bashing him. What you think is due diligence I think is micro managing a project that is not his project although it does affect him. He asked two questions. The first was if a worker got hurt could he sue the HOA. The answer to that is yes but the HOA should make sure the company that is doing the work has insurance and second the HOA should have insurance. The second question if he calls the county Inspector and permits have not been pulled, who gets hit with the fine? The answer to that is the HOA would be responsible for the permits unless the contract calls for the vendor to provide them. The second question implies to me that it matters to him who is responsible for the permits. If he was really trying to perform due diligence and thought the permits were missing shouldn't he report it regardless who was responsible for them?
AugustinD
Posts: 5,144
Posted:
-- From reviewing conditions that require a permit in Florida and Miami-Dade County, at this time I cannot tell if a permit is required for this bathroom renovation. Call 311 and ask to speak to someone about whether this renovation requires a permit. See https://www8.miamidade.gov/global/311.page

-- If the renovation is in progress and you find that a permit is required or a license or insurance is lacking, then per the counsel of a HOA attorney where I am, the HOA stopping the contractor's work is a breach of contract. It can cause significant problems. This HOA attorney where I am said to not cancel the contract with a certain small company lacking workers comp insurance (required by state law where I am and the covenants, if memory serves). Let him finish the work. Then do not hire him again until the workers comp insurance is in place.

-- The failure to notify people in advance that the pool would be closed is the stuff of kvetching to your neighbors or maybe raising politely at an open board meeting or in an email to management.
RoyalP
Posts: 1,104
Posted:
..... The answer to that is the HOA would be responsible for the permits unless the contract calls for the vendor to provide them. .....


The HOA is responsible PERIOD.

The HOA gets the fine.

The HOA may, or may not, have recourse against the entity they paid to obtain the permit ON THEIR BEHALF

but

the authority having jurisdiction will issue any fine to the owner/builder NOT the contractor (unless the contractor ALSO needs a permit).

Remember: the contractor is NOT the builder, the owner is the builder ~ hence 'building permit'
RoyalP
Posts: 1,104
Posted:
"Typical" county (A/H/J) wording:

"It shall be unlawful for any person to construct or improve any building at a cost in excess of five hundred dollars ($500.00) (including materials and labor) outside the corporate limits of any municipality in the county, unless an application has been filed with and a permit granted by the county building inspection department."


An incorporated municipality would have its' own requirements WITHIN the county.

ps. corporations are (99.9%) considered and treated as persons

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