HOA Michigan timber outside planters

You do understand a HOA is funded by the members only. That means when you want it to be a HOA expense it comes from every member of the HOA.

If this is a group issue, then would go to the board to make a decision of changing the requirements or full replacement. It will cost money from the budget. Which can be limited or non existent. A dues raise or special assessment can be involved to pay for it.

Are these planters in your reserve study?

Don't your CC&Rs say what is the HOA's obligation to repair and what is the owners' obligation to repair? This might be in an Article/Section called Maintenance. Do your CC&Rs define what is common area and what is limited common area?

Whether the planters serve a "structural" function should mean nothing. Our condo multi story bldg premises has about 5,000sf of raised planters. The HOA is responsible for all of them. And they are in our reserve study.

I doubt that Michigan would have a law regarding this. The association documents should define what is common, limited common, etc. and who is responsible for maintenance. Why are larger planters being replaced, are they considered "structural"? What kind of association is this, condos, townhomes, stand alone homes?

More information: Our Bylaws (Master Deed) describe general common elements as all the land described surrounding our project, including driveways, private roads, sidewalks, and maintenance facilities. It also under Common Elements are (g) Foundation, supporting columns unit perimeter walls (but not including windows, screens and pedestrian doors therein), ceilings, floor construction between unit levels, basement floors, and chimneys.

And (h) Such elements of the project not herein designated as general or limited common elements which are not enclosed within the boundaries of the unit and which are intended for common use of necessary to the existence, upkeep and safety of the project."

We have a Handbook and a Matrix which is more specific on what the Association will cover, but now the Board is trying to split coverage 50/50 with the homeowners for expensive projects that the Association said they would pay for. Like for instance "chimneys" are covered in our documents and are defined in our handbook and matrix as including the flue, all components, etc. I define our master deed's " chimney coverage" as being the siding and parts that are not located within the unit. Also, in the Master Deed, it has listed "Fireplaces" as a limited common element and says (2) (e) Fireplaces, the interior surfaces of unit perimeter walls including skylights, windows, screens and pedestrian doors), heating ducts, ceilings and floors contained within a unit shall be subject to exclusive use and enjoyment of the co-owner of such unit. (seems to me that this means the co-owners are responsible for the fireplace itself, would you think this as well?)

The biggest question I have right now is: Is it legal to negotiate (with the unit owners)splitting the cost of repairs/replacement 50/50 when this rule, policy, ??" of splitting 50/50 is not written down anywhere in our documents???

PLEASE ANSWER QUICKLY, THERE IS A MEETING TONIGHT ADDRESSING ALL OF THE ABOVE.

THANK YOU ALL SOOOO MUCH FOR YOUR HELP IN THESE MATTERS.
PEGGY

I believe what the OP is asking for is for the Association to fulfill their portion of the contract and properly maintain the common elements (as she understands them to be).

Based on my trying to understand your summary of your documents the planters are common areas. In all HOAs I've seen discussed on this forum and in my own CC&Rs, the HOA is obligated to maintain, repair & replace the common areas. This obligation & responsibility also is probably stated in your deed restrictions.

IMO, then, the Board has no right or power to ask owners to share in the cost of repairing these planters. The exception would be if somewhere in your deed restrictions there is a section that gives the Association the ability to bill owners for "cost sharing."* Without such a section, the Board should not force this expenditure on some Owners. All owners own all common areas equally. This is especially so when the HOA already had paid the entire amount to repair other planters.

If the Board does make that policy tonight, I think you and the Owners who'd be billed will have to seek legal advice. Good luck.

*We do have a section in our 2022 restated CC&Rs about "cost sharing" re: a specific limited use common area.

* when I wrote that "structurally" necessary it was to say that whether or not the it's "structurally" needed to repair some painters and not others does not matter. If it's the HOA's responsibility to repair them, then that's what the HOA must do.

* I do not know what this means: "[The reserve study] states it is 6.86% of the total budget which ranks us in the 100% percentile of .... condominium associations." If you are saying that 6.86% of your reserves are earmarked for "Lawn & garden," that is what should be billed for the repair of the planters. If your reserves are underfunded and there's not enough in them to repair the planters and AND handle other reserves obligations, the Board has to figure out how to fund reserves better.

Thank you, they are NOT in our reserve study. Maybe I should ask that we determine just how much of our common area is actually covered with planters? What do you think? Thanks again!
Peg

They are not in our most recent reserve study. They seem to say, because our small planters are not providing a structural function, they are not the Association's responsibility. However, they are pushing up against our unit, rotting the wall behind the dirt. The Association has always taken care of them in the past. Why do you say: "Whether the planters serve a "structural" function should mean nothing." The Board is using that reason for not replacing ours. One planter, I might add, is rotting out our siding on the front of our unit as the dirt in the planter hits the siding and also the planter butts up against our stairs leading to the entrance door. What do you thingk?

The Association has maintained these planters for over 40 years, but because of the increased costs etc. it has decided to only maintain, repair, replace those that are "structurally" needed, not ours because it is just ornamental, they have decided. Both planters are rotting out, very unattractive and with dirt seeping out of the rotting holes when it rains. They are crooked and very unattractive and are seen easily when anyone drives into our street.

I am sorry, Peggy, that my writing is so unclear. I'll try different words: If elements on your HOA's premises are common area, the Assoc. is responsible to maintain, repair & replace them. It does NOT matter if they are structurally necessary or decorative.

I mentioned all of our HOA's planters way above. They ALL are "ornamental" and serve no structural purpose, i.e., they do not physically support anything. Still they are full of dirt and the dirt sets on a "foundation" of waterproofing, etc. The "landscaping" aspect of our operating budget pays for the gardeners, put replacement, etc. The waterproofing that protects other parts of our common areas, is a reserve component..

I can see where a Board would prioritize repairing planters that have a "structural "function, and then repair/replace the "ornamental' ones. But you've written the latter are damaging OTHER parts of the common area, e.g., siding, etc. of your condo bldg. the Assoc. also is obligated to repair that siding.

The Board, then, is obligated to do SOMETHING about the ornamental planers. They might vote to remove them and fix whatever's behind them. But all ownrs pay with thier dues becazeu the planter are common area.

(Therefore, I don't understand JohnC's question.)

More about reserves later.

You do realize people pay assessments for services and a board trying to pass maintenance expenses to owners are basically disguised special assessments?

The HOA either has a responsibility to maintain these planters or they don’t.

If the HOA doesn’t have a responsibility to maintain, they should advise all the owners the board has opted to no longer maintain these planters and they are being removed when replacement is required. If everyone in a unit desires to maintain the planter, the unit owners may pay to replace it, but the HOA is not cost sharing.