All buildings required to get new roofs at the same time???

Started by CindyH6 • 15 replies • 793 views

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CindyH6 (Florida)
Posts: 71

Posted:

The CC&Rs
Clearly state all 3 townhouses buildings must get the roofs replace at the same time.

We have 3 buildings and each has 6 units under the roof

So if all 3 buildings got the roofs replaced , suppose a year passes and only . 1 building were to be damaged in a storm and need a new roof , then all 3 buildings would have to replace their new roofs again. That just sounds stupid to me.

We have been trying for 4 years to replace old roofs and can never get the 2/3 vote needed, now all 3 buildings are damaged from the hurricane and we still can’t get the 2/3 vote .

So my building is wanting to just get our building replaced and even though we all agree 6 owners we need it done. we can’t do it because of the CC& Rs and 1 old lady doesn’t want to break the rules . Even though the HOA has stolen all the money for 15 years

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm assuming you're in a condo community.

If your CC&Rs say that all roofs must be replaced at the same time, that is foolish - for exactly the reason you cite. It ties the hands of the board to react to individual circumstances. The correct solution to unworkable CC&Rs is to amend them, but this will require approval from a majority of owners (usually a super-majority of 2/3 or 3/4).

Depending on the size of the community, roof replacement is usually staggered according to the age of the buildings. But with only three buildings, and assuming they're roughly the same age, it can make sense to do them all at once. But that should be a decision made by the board - ie., you get better pricing if you do them at the same time.

Question: why do the owners need to approve replacement of the roofs at all? That should be a reserve item, with money set aside each year so that when it's time to do it, the money is there and the board just says "OK, let's do it". Do you need a special assessment in order to pay for the roofs? Or do owners vote to approve the budget and/or assessment increases each year? If so, that's a different issue.

MichaelS56 (Minnesota)
Posts: 859

Posted:

Cathy, your question asking why the Board even needs a vote is a good one. Our association Board would not need a vote to do that project, because as you state, it is a part of the Replacement Reserve. Past and present Boards need to take yearly and long-term financial planning very seriously. The roof project is include the steps of calibrating total roof replacement costs for all roofs, by the years until you have to do them. Plus add inflation factor. That will give you a yearly set aside for roofs within your Replacement reserve. This is a very difficult decision to make since many owners do not want to pay for something that is down the road and they will not necessarily receive a return on their money. Just like a city.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By MichaelS56 on 03/03/2021 6:12 AM
Cathy, your question asking why the Board even needs a vote is a good one. Our association Board would not need a vote to do that project, because as you state, it is a part of the Replacement Reserve. Past and present Boards need to take yearly and long-term financial planning very seriously. The roof project is include the steps of calibrating total roof replacement costs for all roofs, by the years until you have to do them. Plus add inflation factor. That will give you a yearly set aside for roofs within your Replacement reserve. This is a very difficult decision to make since many owners do not want to pay for something that is down the road and they will not necessarily receive a return on their money. Just like a city.

I made the assumption that the vote is needed because the community has no reserves to pay for the work, thus the need for a vote to approve a special assessment or a loan.

In my opinion, this community doesn't have a roof problem or a CC&R problem, they have a homeowner and budgeting problem (and probably a board problem if they've been ignoring the reserve issue - it's not like roof replacement is optional).

If the board hasn't been doing their jobs, then the entire community needs to have a "come to Jesus" reckoning on exactly what will happen when they can no longer kick the can down the road. Then they need to replace the board with competent directors. And then they need to raise assessments to realistic levels so that this doesn't happen again. It's gonna hurt, but it will hurt less than staying on the present course.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CathyA3 on 03/03/2021 7:06 AM

Well said.

CindyH6 (Florida)
Posts: 71

Posted:

Thank you for the responses , John is correct. The HOA is basically broke. The HOA breached their financial duties for 15 years .

The HOA collected plenty of cash , but it was wasted on an incompetent property management company and their self owned lawn service.

We have zero amenities , so it’s a total waste of money. They need to be rid of the HOA or just let us take care of our building, let the other owners slum out .

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy

The easiest thing to do is to elect a BOD that understands what is needed and goes ahead and gets the money to do so.

CindyH6 (Florida)
Posts: 71

Posted:

Hi John, agree , unfortunately the HOA has been dysfunctional for 15 years, we had no board members for 2020 and suddenly 5 people were appointed in December but already resigned ,except the guy that is a convicted felon( kidnapping, assault deadly weapon and drugs etc...)

And he is a huge negative and refuses to fix the problems that are urgent like the roof. He is focused on enforcing stupid rules like what time people can take their rubbish cans to the street.

I’m just trying to replace the roof so I can put mine on the market ( only been here for 3 years)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy

Is the roof issue stopping you from selling? Either get a good BOD or get out.

MaxB4
Posts: 3,513

Posted:

I just came across an association that had a $1.3M special assessment imposed upon them without a vote of the membership. The management company is instituting a $500 admin fee for each owner who goes on a 10 year payment plan.

TimB4 (Tennessee)
Posts: 21,059

Posted:

CindyH,

This is important information I wish you had shared in your other threads on the same issue:

Subject: New Roof assessment /failed

Subject: Can I sue my neighbors for negligence over assessment?

I understand the issue a little better now. It's expensive to replace all roofs on three rows of town homes at the same time. Even if there was insurance money, the money would only cover replacement/repair of the damaged roof - so additional funds would be needed in order to comply with your covenants.

The advice given on those other two threads is still relevant.

Contact the board and explain that they can use emergency powers, as outlined in the statutes, to adopt a special assessment to pay for the roofs.

If that fails, petition the court for receivership.

One last option would be to gather support and vote the bums out and replace them with those that will utilize the statute and impose a special assessment.

Those are your options as have been specified on here.
For other options, you may want to contact an attorney.

CindyH6 (Florida)
Posts: 71

Posted:

Unfortunately, we are covered in tarps , the real estate agent said she can’t list without replacing the roof because folks can’t get loans.

I was already planning on selling.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

I'm thinking outside of the box here about what I would do in your shoes. Your goal is to sell and get out of there. Now the question is what's the fastest, cheapest way to get it done? It may be for you to hire your own roofer, replace the roof and sell the home. The question is, as dysfunctional and broke as your HOA is, would they even have the money to stop you if they had to hire legal aid to do it? Also, even if they did take you to court would that be a bad thing? What damages are they going to claim and once a judge heard your story would be it backfire on the HOA and end up being a good thing?

If you chose to stay and fight my guess is you'll spend more money on a lawyer than you will on a roof. I honestly have no idea if what I'm saying makes an sense but maybe paying for a consultation with a lawyer would answer the question?

CindyH6 (Florida)
Posts: 71

Posted:

Our building of 6 owners all agree we want a new roof, except 1 elderly stubborn lady agrees , but only if the HOA gives her permission. (Which they refuse ) I’m not worried about the defunct HOA’ absurd rules that they can’t even enforce because they are contradictory .

The county won’t allow a permit for individual portions .

I have no desire to fight , I would rather replace roof , sell and capitalize on the super hot location and appreciation.

I even asked several realtors if I could give a cash back at closing to pay for a new roof. But no it has to be officially replaced.

These dumps sell in 1 day. I renovated my unit in 2018 ,so it’s pretty nice except for the roof.

So we are trying to somehow just get the situation so we can be allowed to replace our roof in our building at our expense.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Cindy,

Pony up, or ask the neighbors to pony up as well, hire an attorney to write a letter to the board that says unless they use emergency powers, as authorized by statute, you will petition the court for receivership in order to replace the roof.

CindyH6 (Florida)
Posts: 71

Posted:

Thank you Tim, that is great advice.

I wrote a letter to the 1 smart non felon board guy & included the special statute on emergency powers. He doesn’t live here but has a tenant and will sell at some point. He agreed that at least we should go ahead with our building.

I got my own bid for our building with a preferred contractor that even has affordable financing available at a local credit union and each of the 6 owners will have their own loan.

He said the HOA is in such pathetic shape they can’t even get a loan and is not having any luck finding another property management company to take us ,since we are being dumped by our current company.😃

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