Cosmetic Construction Funding

Started by BrianR15 • 3 replies • 281 views

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BrianR15 (California)
Posts: 1

Posted:

Hello,

We are in the final stages of hiring a contractor to do safety-oriented voluntary seismic retrofitting work. There are bay windows at the front of the house that pose no structural or safety problems, but inside two of the units, there is slight sagging. The owners of these units (2 out of the 4 total) want the HOA to pay for the bay window alignment which is expensive and totally cosmetic. This seems counter to the project's goal and does not align well with the CC&Rs (paying for cosmetic repairs that are for inside a unit). Does anyone have ideas about how I can oppose this from happening?

Many thanks.

AugustinD
Posts: 3,698

Posted:

BrianR15, in my experience answering your query intelligently would require nothing less than a thorough review of your HOA/COA's CC&Rs, the relevant California statutes, and possibly the law on construction defects. This is just to start.

Is your HOA/COA Board working with an attorney to answer this question? If not, then I believe the Board has a fiduciary duty to do so.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree with everything Augustin said, especially about consulting a lawyer since there could be state laws about construction in earthquake-prone areas. It seems like it could be expensive to get this wrong.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Brian

What style are the buildings in your association. Freestanding homes or side by side townhomes or stacked units? If a window fails, no matter how, what damage would/could it do to another unit? If no none, I would be hard pressed warranting the association to pay for or even request repairs/strengthening them.

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