vacant unit

The unit owner died ten years ago. Furnishings are still in the unit, and condo fees have been on time off and on, causing collection actions. The owner's granddaughter is the overseer of the estate. About three years ago, a pipe busted in the unit(water was not turned off), causing damage to the next door unit, which they dealt with that owner for the damages. I wonder if the trustees could have the unit inspected for safety and repairs occasionally? The granddaughter does not visit the unit, but I think the trustees should have the unit expected in case of damages the association could prevent or be responsible for repairing.
I ask all of you your opinions. Our attorney fees are through the roof lately. Thanks for all feedback

Unfortunately there isn't much an association can do to force an owner/trustee to behave responsibly other than to make the economics work against them.

So you're left with punitive actions: fines, liens, collections, foreclosure when appropriate - the board should stay on top of these. With luck, the unit owner will finally realize the unit's costs outweigh its benefits, and they'll sell it.

I'd say it depends on what your governing documents specify about the topic of unit inspection. Our CC&Rs say that Units may be inspected with proper notice if the Board suspects there are issues that might damage the common areas or other condo units.

First you might just try -- in a friendly way--contacting the "overseer" for permission. She might be happy to have your inspect it. Win/win, it seems to me.

Are associations allowed to enter units proactively (eg, to inspect) or do they have to wait until they have the equivalent of probable cause (eg. evidence of unsafe conditions)? Does it make any difference if the unit is empty (and how would you know for sure)?

I think you have to be careful to avoid the charge of trespassing. This would be one of those free 15-minute phone calls to our attorney for some general guidance.

I still say, and I think Kelly & my messages crossed, Lynne needs to check her governing docs first. But, sure, we have a retainer that permits phone calls to our HOA GC and I think Cathy does too. So if Lynn has that, all the better. She notes they've spent too much on attorney's fees, but even if they have to pay, it should be very minimal.

Yikes, Lynne? Did you have ion mind breaking down her door? I don't see it in your post, but maybe I missed it?

The HOA does not own the unit. Which means "hands off". It is frustrating as we had one or 2 houses that had been abandoned. I was shown one that was up for sale. There was cob webs in the house. Like a real haunted house! I had to take a hard pass on the house. It stayed empty for around 10 years. The 2nd one was not as long and we had foreclosed on it. We did have to enter it once due to a broken pipe in the winter. Had to turn the water off. The house was in really bad condition. We just could not touch it. All we could do was what the HOA was responsible for which was lawncare.

A foreclosed house in some states has a "right to redemption" period. That means that 0 to 1 year, the owner has the right to buy back the property. That means that the new buyer does not want to touch it till that period of time is up. Otherwise they are out of much of their money. The house and it's improvements go back to the original owner. So new buyers are not in any hurry to do improvements. That is why they still are empty even after purchase.

Melissa, the O.P's post clearly states that this is a condo unit. Many issues with one condo can affect other condos and the common areas. Then it most certainly is the HOA's problem to find the source of issues. So your stories about detached homes don't apply here. Your advice to keep "hands off" is incorrect.

Our assn has never had to break into any of our 21 y.o. 200+ multi-story condo units. All Owners sign a waiver giving the assn. a key to the unit to be used in emergencies. Those who don't want to have their key in a secure safe for emergencies sign stating that they know the assn. can break down their door if it seems the unit is the cause of an emergency. In multi-story buildings, this would almost always be a water leak.

If the assn. had to break down the door and the leak was the owner's responsibility, the owner would pay to repair the door. If the assn. was mistaken, the assn. would pay for the door damage. During business hours, our engineers would break in. Otherwise the fire dept. would get here faster.

Now for an inspection, our CC&Rs permit inspections if they suspect potential issues. They must, of course, give proper notice and in doing so, our CC&Rs say the HOA cannot be charged with trespassing.

There really is nothing you can do unless the vacant unit poses a grave health risk like running water, mold, insects or rodents.

I found this board rule from a Google search. It is not my community. Note the wording of point iii.

VACANT UNITS

A. GENERAL A vacant unit is one in which no one is residing for a period of more than 14 consecutive days, including units that are for sale and units belonging to seasonal residents, among others. A co-owner will be notified at the time the Association Board of Directors determines a unit to be a vacant unit.

B. REQUIREMENTS In order to protect the building systems and the adjoining units, each Vacant Unit will be subject to the following requirements:

i. Each co-owner of a vacant unit must maintain electrical utility service;

ii. Heat pumps in vacant units must remain on and operable with a setting no lower than 60 degrees during the winter;

iii. Vacant units must be monitored every two weeks for leaks and other maintenance problems through the entire year. The Association’s representative will enter each vacant unit in order to accomplish this monitoring;

iv. Electrical and water utility services to the vacant unit will not be interrupted. To assure electricity service is maintained, each co-owner shall sign a third-party notification consent form suitable to Consumers Energy indicating the Association as the third party to be notified in the event of a threatened shut-off;

v. In the event the electricity service is shut-off by Consumers Energy, the Association is authorized to restore electricity service, to put the account in name of Association, and to assess the unit co-owner for all expenses associated with restoration and maintenance of electricity service in unit. Any such assessments shall be subject to all remedies available to the Association for non-payment of assessments; and

vi. Any conditioning of a vacant unit (commonly referred to as “winterizing”) may only be done upon the approval of the Board of Directors.

Define Abandoned

Not trying to break down any doors. Just concerned that there could be issues that need attention that, if gone unnoticed, could cause a financial problem down the road.
Previous water damage in the unit could now have mold issues.
Of course the person responsible for the estate would be contacted first for permission.
Just trying to save the association's possible expenses by being proactive.

why would the HOA be responsible for these "damages"? The HOA does not own the property. It would be the buyer's responsibility. Now if the HOA was responsible for a pipe that burst in the wall, then the HOA is responsible for the extent of the broken pipe. It's what the HOA/COA owns.

It sucks but empty unit is empty until someone makes it unempty.