Jurisdiction Issue

Started by BeverlyM2 • 8 replies • 1390 views

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BeverlyM2 (Virginia)
Posts: 2

Posted:

A homeowner on the edge of our community has had problems iwth the ground giving way under her rear fence gate, causing the fence to lean outward. She has been unsuccessful in getting the property management company to facilitate proper repair of the problem. Instead, the landscapers have on a couple occasions shoveled a bit of dirt there....which has been of no remedy. What is her proper recourse? The etiology of the problem is not on her property, but that of the community. The prior BoD has done nothing to address this. I will be joining the BoD soon and want to have a proper perspective. I now believe that it is incumbent upon the HoA to see to it that the area is sured up to a level that meets and solves safety concerns. I appreciate everyone's feedback.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By BeverlyM2 on 11/24/2007 11:59 AM
A homeowner on the edge of our community has had problems iwth the ground giving way under her rear fence gate, causing the fence to lean outward. She has been unsuccessful in getting the property management company to facilitate proper repair of the problem. Instead, the landscapers have on a couple occasions shoveled a bit of dirt there....which has been of no remedy. What is her proper recourse? The etiology of the problem is not on her property, but that of the community. The prior BoD has done nothing to address this. I will be joining the BoD soon and want to have a proper perspective. I now believe that it is incumbent upon the HoA to see to it that the area is sured up to a level that meets and solves safety concerns. I appreciate everyone's feedback.

That's a little difficult without being able to actually inspect the problem but if the cause is on HOA property then the HOA should fix it. Then again, it's possible that the owner and the HOA should share the cost. It depends.

Ron
SC

RaymondC (Minnesota)
Posts: 64

Posted:

One of the main reasons the board exists is to handle these problems. There is no reason this homeowner should have to be dealing with the management company. They work for the board, and the board works for her.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By RaymondC on 11/24/2007 12:26 PM
One of the main reasons the board exists is to handle these problems. There is no reason this homeowner should have to be dealing with the management company. They work for the board, and the board works for her.

True, but in most cases where ther is an MC, the MC handles "maintenance" issues without specifically involving the board. For instance, the board would not be involved with replacing light bulbs or repairing a loose hinge, the MC would take care of it.

In this case, since the MC has not made repairs to the member's satisfaction, the board might need to evaluate the situation and either instruct the MC to have the repairs made or determine that it is the responsibility of the homeowner to make the repairs herself. We can't see it from here.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Beverly,
I would suggest you follow your instincts when you get on the Board. If this homeowner is a member of the HOA, it seems clear that she should receive some rectification to her problem. Since the MC has attempted to correct the problem the solution seems to be to correct the problem. If the board has to tell the mc to do it, so be it. By trying to fix the problem, the board has admitted responsibility. If you as a new to be Board member can get the problem solved through the board, I would do it.

SusanW1 (Michigan)
Posts: 5,202

Posted:

You said - "The etiology of the problem is not on her property, but that of the community"

Why is there any question about who or what should be done!!?

RaymondC (Minnesota)
Posts: 64

Posted:

Ron, what you say is true but does not negate my point. Rather, it misses it. This isn't a change of lightbulbs and we already know the MC has not responded well. Now it's up to the board. As yo say they will decide, and they will instruct the MC, and she really doesn't have to be involved any longer. At least till she needs a lightbulb replaced.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By RaymondC on 11/24/2007 4:54 PM
Ron, what you say is true but does not negate my point. Rather, it misses it. This isn't a change of lightbulbs and we already know the MC has not responded well. Now it's up to the board. As yo say they will decide, and they will instruct the MC, and she really doesn't have to be involved any longer. At least till she needs a lightbulb replaced.

I believe that's what I said.

Of course there are sometimes dissagreements on who is responsible for what and who did what so if I were on the BOD, I would personally inspect the situation before I made a decision.

Ron
SC

RonaldW (South Carolina)
Posts: 901

Posted:

And she does still need to be involved because if the repairs are determined to be the responsibility of the HOA, the HOA will want to show her what has been done and get her to "sign off" on the repairs. And if it's determined to be her problem, she will need to be informed of this decision..

Ron
SC

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