Association is responsible for sub-floor. TX COA

How does this actually work in practice, though? There is no doubt that the damage to mine is foundational and the responsibility of the HOA. But with that being the case, they aren't going to want to spend more to repair it the way I would rather, which is one area at a time. I presume they will expect me to move out all furniture and pull up flooring for them to pay to have it all done at one time.

Anyone dealt with this personally before as an owner or a board member?

In in our docs. I am assuming nothing. You are the second most entertaining person on this forum, the things you post.

It's cracked as a result of foundational problems and the foundation being repaired. The HOA, or any members thereof, do not need to DAMAGE the sub floor for it's repair to be on the HOA.

Do you understand that COA means I am in a condo, not a house? I guess not.

If Jennifer speaks this way to the COA Board ... helps explain her lack of success?

Another dead end.

There has only been one board member who goes off wildy the way Mellissa does and I chose early on to cease communicating with him, and he's long gone, so no, there is no correlation.

This poster believes that all HOA and COAs across the country operate the same as hers and that her personal judgement of what is reasonable and fair is more relevant than what laws say. Entertaining, yes,. Helpful, no.

In my association I would not vote to allow these repairs to be done piece meal since it would more than likely cost more to do so. Also, from a budget perspective I would have no idea when you will feel like getting this room or that room repaired. It's all or nothing.

My point is I will always take the advice of a qualified contractor and the homeowner would have no say in the matter. If he or she said it ALL needs to come up then that is what I would vote for. If he or she said that parts of the subfloor didn't need replacing then that is what I'd vote for. What I will never do is allow a homeowner to manage the project. Every homeowner thinks they are an expert in all subjects and once you start catering to them you lose control of managing the community and your finances.

The HOA is NOT responsible for YOUR choice. You are the one whom wants the new floor NOT the HOA. The HOA says you want new flooring you get approved for it. If they find an issue during installation of that flooring then deal with it then. However, it's most likely going to be dealt with by the contractor that is hired. Just because you rip a floor up doesn't mean sub-floor is involved unless it is damaged during the uninstall.

The HOA isn't responsible for OUR PERSONAL choices/TASTE for our flooring. You want to install wood instead of tile, then that is on you. Understand the HOA can say NO to the wood because it is NOT sound proof. It will cause issues with your neighbors below. So many HOA's restrict wood flooring on higher floors.

You can lay wood over tile without tearing up the floor... Why does the floor need to be ripped up again?

What if it didn't cost more, or I would pay the difference? I want to do my kitchen now, but not the entire condo. I know for a fact they would approve 'my' contractor because he is their personal contractor as owners and probably are using him again for the association. If he agreed do do it in pieces, maybe they would too.

This isn't a frivolous 'want'. The kitchen flooring is ruined and an emergent need. No, nothing I did hurt the sub floor. I've had my friend in who used to be on the board and she confirmed that is what they see in all units affected by the foundation, which is structural, and that is why it's the responsibility of the HOA.If it was on me she would have been quick to say so. She is very defensive about HOA funds. She doesn't even like that sub floors are covered at all, but they are.

It doesn't have to be replaced, just the cracks filled in, and leveling. I know very little about flooring, but I believe that process can be done in just the kitchen to start.

"What if it didn't cost more, or I would pay the difference? I want to do my kitchen now, but not the entire condo. I know for a fact they would approve 'my' contractor because he is their personal contractor as owners and probably are using him again for the association. If he agreed do do it in pieces, maybe they would too."

It would still be a big fat NO for me. You still have the issue of spreading the cost over different budgets and I wouldn't do it. The contractor in this case needs to be hired and managed by the HOA and will never ne 'your' contractor. In addition, you could be whacked by a train tomorrow and now we'd have to deal with a different owner who might have different demands. There are other valid reasons that I won't get into because I'm not sure you would care. However, the bottom line is, my job is to look out for the best interest of the entire HOA/Community and not you specifically. If you have to rip up all your floors at one time then so be it.

I don't disagree with you but I'm willing to assume the worse for the sake of argument. My point was, and is, you don't cater to owners when it comes to repairs and maintenance.

Well said.

As I said, I know little about flooring. The docs refer to this as sub flooring.

This cracking is not hairline, it is enough to disturb the flooring above it. I'm pretty sure this is not a replacement issue, but one of filling cracks and leveling.

All at once. Ouch. A friend of mine di his himself, not knowing it was HOA responsibility. He said it was a nightmare to get all furniture and everything else, like moving.

I would care, I asked because I want to know.

I understand he would be their contractor in that instance.

I don't understand what you mean by different demands of a new owner.

Someone else was talking about replacing and wanting a different type due to the flooring they want. That is not an option for us. I cannot say I would like X type of sub floor. All I can ask is that mine as it is be repaired or replaced, whatever is required, which is not replacement in my case. A sub floor that can be patched and leveled doesn't need replacing. I think replacing is a multi unit project and only undertaken for a lot more massive problem than I have here.

Yeah wow. Troll.

You've added nothing of substance to my threads, so yeah, you're just trolling. There is nothing for me to 'lose' with you.

And no, this is not how I behave with the board. 99.99999999999999% of the time, there is no interaction with the board from me. I have a question every now and then for the CM. Or I send an email, as we are asked to do, when I see a porch light out or a sprinkler head gone wonky, so they can tell maintenance.

I don't ask them for anything. In 15 years I asked for one thing: new caulking on the windows. And that wasn't even bothering me. Rain water was coming in through my cracks and going inside my DS neighbor's unit.

They said no because of the new 'maintenance responsibility chart'. That new chart constituted a change in the by laws w/o owner approval, so it's not valid. The old one goes off the by laws and puts that on the HOA.

I said that to my friend on the board and said do you really want owners on ladders doing that anyway? And then one will sue if they get hurt and discover that responsibility was on the HOA the whole time. She agreed that the HOA should do that, per the bylaws. No big deal.

I don't complain either. I go into the office when our cards/remotes need reprogramming and that is all they ever see or hear from me. I do my own pest control. I maintain my unit. I don't care when I notice something wrong elsewhere. They will get to it. If it's not directly affecting me, I leave that to them.

I don't care how our grass is mowed or how long it takes for the leaves to get picked up after. I mention that because it's a constant topic for some people. They never, ever stop bitching about whatever lawn service we have.

This is a nice place with low dues. Very low for how nice it is, and it doesn't stay that way paying top dollar for everything and getting to everything immediately, that was explained to me by a board member a decade ago when I made an inquiry about a few things. I said alright, sounds good to me, and continued on my walk with my dog.

They have people constantly micromanaging them, demanding to see receipts for anything over $50, constantly as a team sending novels through the email about the most minor things. We are a large place with a large budget.

Buying a used golf cart for maintenance/security to use was a good purchase. Yet people were UP in arms. After all, that $2500 could have gone to their pet project. Or I guess leave $5 of their money in their pocket, I can't explain why that was such a thing.

Everytime I would walk my dog one person would say can you believe they wasted money on upgrading the gym? I was like yeah, I've been in there and it needed the new equipment, I love it. If I didn't love it I still wouldn't care. They can't please 500 people. There will always be people who want attention to the tennis courts paid before the gym or whatever else and I don't care. Whoever gets elected gets to make those decisions, and as long as they aren't outrageous, I just let them do that w/o making any sort of fuss, bitching at them, as everyone else constantly does.

The person who has cost the association the most money, hundreds of thousands of dollars, on a lawsuit alleging all sorts of tin foil hat conspiracies, is now sitting on the board where she has been trying to be for over a decade of WAR. She is NOT a reasonable person.

*I* am not that type of owner. I am not trying to run the board. I don't go to meetings and bitch. I don't go at all. I want to be left alone and I leave them alone. You're taking two items and making them into something they aren't. I was overcharged, I want it rectified. My subfloors need fixing before I can get new floors. And then they won't see or hear from me again until my remote needs reprogramming or I notice a porch light out.

Oh wait, and until they want my vote and come ask me to sign their proxy. That happens every year, so they come to me way more often than I go to them. Sometimes I have to endure multiple people coming to my door wanting my vote, even though I always know who I am going to vote for and cannot be swayed. They bother me more than the other way around in the end.

That is your lack of reading comprehension again.

By laws cannot be changed on a whim. Changing who is responsible for what is a change in the by laws, which require owner approval. The new maintenance chart was wrong. It conflicted with the by laws.

The board went down to the county and recorded a 'resolution' which doesn't mean boo. By law changes have to be approved by owners.

There was no argument over this. I am friends with a lady who was on the board at that time. I pointed these facts out to her. Hey, friend, etc. and so forth. Not GD you, etc. and so forth.

She didn't understand at first. She was part of the board that made the resolution. It was presented to her and other board members by then then President as an affirmation of the responsibility chart, not a change. I showed her the changes, and the by laws and how those can't be changed w/o owner approval and how shifting responsibilities is going against the by laws. She was like oh wow, ok yeah, that new chart is trash.

It has since been trashed. The old chart is the current chart again. I needed one thing in 15 years. Caulking. It conflicted with this stupid new chart and so it was denied at first.

I didn't argue with the CM or make a scene with the board. I walked over to friend's house with documents and said please take a look at this. That does not a history make of conflict at all.

Nor is it how you falsely portrayed it here. 'I didn't want to follow new by laws'. I would follow new by-laws if we had any. The chances of ever getting that many people to sign onto any changes is remote, I doubt I will ever have to.

That chart was whack. It put maintenance of the chimneys on us. Pfft. Chimneys are on them, fireplaces are on us. I mentioned to my friend that they should be checked and cleaned from time to time in conversation. The HOA is all she wants to talk about most of the time, so I did say my opinion in CONVERSATION with my FRIEND. Not as argument with the CM or board. And that was like a helpful hint. Yanno, like so if one causes a fire the HOA would be on the hook for it. It's not something I am asking to be done. I wish they would, but it's not a battle I care to take on at all.

So lets review. In 15 years of living here and paying dues I've had three issues. Caulking on windows, excessive charges I want rectified, and my sub floor repaired as is their responsibility to do so and they have not fought with other owners about that. These are the exact same sort of cracks that others have from foundation shift/repair. They jacked us up, dropped us down, etc.