Did work but crappy job

Started by AnnT5 • 7 replies • 568 views

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AnnT5 (Texas)
Posts: 4

Posted:

Can the HOA make an owner redo or repair poor workmanship?

We have a house for sale, owner moved out, with a deteriorating brick
fence that had rebar showing through and missing mortar.

We sent the owner a letter to fix his fence. I don't know who
he hired but the repairs consist of someone throwing concrete
patch on the bad spots and leaving the excess concrete on
the surrounding brick. I doubt if they did anything
to the rebar.

It looks awful and may not even be safe.

Do we have a recourse?

SheliaH (Indiana)
Posts: 6,964

Posted:

You'll have to check your CCRs, but if the owner is still around, send him a letter with photos (perhaps he/she left a forwarding address?).

The CCRs may not always address workmanship, although they may have some general language about keeping the house up to a certain standard (harmonize with the original look of the community or something like that). How people interpret that is another story. If your CCRs aren't clear on that area, you'll have to talk to your association attorney because most of us aren't owners.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our covenants have some wording about maintaining the community standard. For this reason, I say the owner has to bring the wall back to its original condition.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Does your HOA have standards? Telling someone to repair a falling wall and the wall is standing with a prop, is that not repaired? It's kind of a fine line. Seems this could fall into the area where when the home sales the new buyer should request this to be addressed. If it is that bad, a new buyer will probably ask for that to be repaired as part of the deal.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sure the HOA has recourse.

Cite the owner for being in violation of your covenants.

AnnT5 (Texas)
Posts: 4

Posted:

Thanks everyone. I'm reviewing the CCRs and ARC guidelines for something on standards.

LetA (Nevada)
Posts: 2,679

Posted:

Hopefully the potential buyer will make the owner fix all deficiencies to their liking to close the sale.

MarshallT (New York)
Posts: 414

Posted:

Yes it does sound like the community standards have not been met. If possible, send the former owner a couple of photos of the poor repair job, and explain why the work needs to be redone. If you don't hear back and no actions have been taken to fix the issue, you may need to consult with a lawyer.

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