HOA Question

Started by AnjaliV • 7 replies • 579 views

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AnjaliV (California)
Posts: 3

Posted:

Hey everyone! I'm usually a lurker on here but today I had an honest question regarding the HOA of our 3 unit condomunium. I'm not quite sure if this is something that changes state to state or HOA to HOA but here goes: when the HOA decides to make maintenance repairs to the units, are they legally obligated to make said repairs across ALL units? For example, if one of the units gets their stairs or railings changed, do all units have a legal right to those changes as well? I would love to hear what you all know about this one, or what your HOA specifically does. Thanks!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why does this have to be a legal issue? Only becomes one if someone sues over it. Otherwise, it's a group decision on how best to approach maintenance issues. Not every situation is the same or applies. One porch may have water dripping on it while the other is sun exposed. Do they have the same amount of damage or need for repair? If yes, then the HOA (neighbors/members) pay for it.

Former HOA President

AnjaliV (California)
Posts: 3

Posted:

Thanks for your reply! I agree. I think it should be handled calmly however there is a tenant in our condo who feels that since one of the units had their stairs replaced, that it was unfair because he says that all units should have their stairs replaced as well and he is asking the owner of the unit to do something about that. I just wanted to see if what he says is true!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is a tenant not a member. They can say anything. They have no right to sue the HOA. They are not a member. The true member the owner should be paying attention to the HOA in general not when it effects them. Simply explain why the decision was made for that replacement. If they want theirs replaced, then they must follow the same procedure. It doesn't mean ALL have to get theirs replaced because of one. They got theirs replaced because they requested it and it was approved.

They just want theirs fix and try to claim "selective enforcement". It's not the case. Anyone can apply on their own time if they want.

Former HOA President

AnjaliV (California)
Posts: 3

Posted:

I see. I felt like he was being unreasonable towards the HOA, but I was a bit confused when he mentioned that bit about all buildings being "maintained equally" because the stairs to that unit in question were actually broken and not just replaced, but I wasn't totally sure about the HOA rules. You seem like a very knowledgeable person and your reply helps me to be informed on this kind of situation in the future, thanks!!

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By AnjaliV on 04/06/2021 4:58 PM
Hey everyone! I'm usually a lurker on here but today I had an honest question regarding the HOA of our 3 unit condomunium. I'm not quite sure if this is something that changes state to state or HOA to HOA but here goes: when the HOA decides to make maintenance repairs to the units, are they legally obligated to make said repairs across ALL units? For example, if one of the units gets their stairs or railings changed, do all units have a legal right to those changes as well? I would love to hear what you all know about this one, or what your HOA specifically does. Thanks!

Absolutely not. The decision to replace anything should be based on the condition of each individual unit. It may be that all 3 units need the railings and step replaced now and it's entirely possible that they may not all be in the same condition.

MarshallT (New York)
Posts: 414

Posted:

Hi,

The repair should be made only if needed. If this person just wants new stairs for the sake of getting new stairs, I don't believe the HOA has an obligation to make that upgrade. If the owner or tenant continues to ask, you could get the stairs professionally assessed to determine if they are in a state of good repair.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree with others' comments. The tenant is not a member of the HOA, the HOA is not his landlord, and the HOA does not have a legal relationship with him, only with the owner of the unit. You should not be discussing HOA business with the tenant, only with the owner of the unit.

HOAs generally repair things as needed. Money is usually tight, so unnecessary spending is foolish. However, you can often get better pricing for multiple repairs - so if the other two sets of stairs were getting close to needing replacement, it may make financial sense to do all three at once.

Other things that can affect when upgrades or repairs are done: the presence of a disabled owner, significant changes to building codes. or changes to laws that require such upgrades.

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