💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JaniceB8 (Texas)
Posts: 2
Posted:
We are having an issue with owners wanting to do some repairs on common or limited common areas, at their own cost, due to the Association not having enough funds. For example, we all have private patios (limited common), with fencing. Some units have standalone fencing while others share with attached or nearby units. We have 54 buildings, with total of 120 units. The current board, which I am part of, is not in agreement if we should allow this. I oppose. My concern is while one homeowner can afford to replace their fence, others may not. My own patio fence is shared with the unit in the building next to me, shared fence dividing our areas. If I replace/repair mine, but the neighbor doesn't want to for financial or other reasons, I can't afford to replace/repair both. Or if my neighbor across from me is unhappy that I got a new fence, but they didn't, even though I would have paid for it with my personal funds. I feel it would cause neighbor issues and don't feel that I, as a board member, would want to deal with all that.
Another example is that some owners want to pay to have rock placed in their immediate area to help with erosion, again the Association does not have enough funds to have this done in all areas effected. If an owner pays for the landscaping/rocks, then Association is responsible for upkeep? or does it stay with owner? what about next owner?
I am sure other boards have delt with this, and what was your conclusion and how did it work out?
JackieB4 (California)
Posts: 398
Posted:
Janice, Fence issues seem to be the dynamite issue for many communities. Check your Documents to see who owns them/each. Don't assume you equally own them. Often PMC gives misinformation. I paid for a certified survey to push-back on erronious PMC info. Check your Maintenace list to see who maintains them: paint, wood rot, sagging (owner vs PMC)?
Be clear on these issues before to try to rally the troops. Advil might help!
KerryL1 (California)
Posts: 14,550
Posted:
Are you saying, Janice, that your HOA has no reserves? At all? Or that your reserves are not very well funded?

Are you sure the "maintenance" section of your CC&rs require that the HOA fund the repairs & replacements of the limited common area fences? Can you please cite the exact quotation about this limited use common area fences?
KerryL1 (California)
Posts: 14,550
Posted:
Ya' know, JaniceB? Your CC&Rs should make it very clear that the HOA repairs & replaces COMMON AREA fences. Your Board may not, then, make a decision that some owners may repair & replace common area fences. It would be a direct & serious violation of your CC&Rs.

It is possible that your CC&Rs state that owners "maintain" fences.

I don't have experience with fences,, but I think a couple of other posters might---if they check in.

(I think Jackie meant to write something different. The PMC (community manager) would never have the authority to make a decision about this.)
GregoryT1
Posts: 315
Posted:
hi all,

It really ties back to the condo docs which everyone is stating. In our docs we have limited common element described. There is a fencing in the backyard of one of the units. The fencing is not called out as a maintenance item which the condo docs will pay for maintenance, repair and replacement. This is a stacked condo building with other small condo buildings on one side and back. So it looks like the one owner will have to pay for the upkeep of the fence. Now one of the other condo building unit owner claims that they put up the fence between the two properties. The fence does look it sits within their boundary line. That fence got damaged and they paid and did the maintenance work on it.

I agree that the condo docs will rule on this. Also there should be reserves against this work. If the board is allowing things to happen either they have to stop doing that or the condo association has to change their by laws to take this into account that fences are individual etc etc very messy.

We also have a predicament that we have exclusive common element that is unique to each unit. The condo is responsible for it. If a unit owner wants to change and upgrade their patio they are not allowed to. They want to. This forces us to have to change the docs since now it is has to state that the exclusive common element is still theirs but the condo assn will not maintain, repair or replace that patio. Actually most unit owners are not even aware that it is the condo's responsibility and they are getting the exclusive use of it.

It was this same forum that figured it out for me. The did need the exact wording of the docs to help me out.
CathyA3 (Ohio)
Posts: 6,299
Posted:
In short, if we don't have enough funds to repair common elements, we re-think our priorities and raise assessments accordingly. This is how it's supposed to work.

There are a number of problems with owners doing these repairs. These include issues with warranties (absent, voided, or in someone else's name), quality of work, differing standards of work, potential CC&R violations, insurance on the items, and potential legal wrangles in the future. The only way we would even consider allowing owners to do repairs or replacements at their own expense would be having them and the board sign an iron-clad agreement that protects all parties. This agreement would have to be written by a lawyer, whose time is expensive. It's cheaper to just repair the whatever.

The correct solution is for the entire community to get serious about maintaining their property, consider all reasonable options, and then collect the funds to make this happen.

Nobody likes to raise assessments. But by neglecting necessary maintenance, you're actually increasing your costs over time. You're burning through the useful life of various components at an accelerated rate, so they'll have to be replaced sooner rather than later. Or the community starts to look run down and shabby, which harms property values.

The cheapskate spends the most. Words to live by.
MichaelS56 (Minnesota)
Posts: 859
Posted:
I would believe that your Common elements are not the property of the owners but the responsibility of the Board of Directors. Allowing owners to repair, replace common elements without Board permission is possibly going to generate future issues. Check with the Mast insurance policy agent about coverage and liability.
DeanJ
Posts: 1,786
Posted:
If the Board determines standards and approves contractors to complete the work, the owners wanting the work done can then make a donation to the HOA for the work to be completed on their unit.

If the adjoining unit can’t afford to participate in this, it sucks to be them. Part of the issue in your community is owners not supporting the board with sufficient revenues to complete required repairs.

A better option would be for the board to assess the homeowners and get the work done. If some owners can’t afford it, the association is better off with them moving.
KerryL1 (California)
Posts: 14,550
Posted:
It's basically every HOA's duty to protect, maintain & enhance the common areas. If the Board has been too timid to raise dues enuff to adequately fund reserves, Board members must do their best to become leaders and do what's best for the entire HOA---raise dues and/or level a special assessment.

I disagree with Dean that owners aren't supporting the Board with sufficient revenues. It's a Board that has paralyzed itself and refuses to move forward with the right solution and, well, "lead."

(Gregory-it'd be the CC&Rs that need revision, not the Bylaws.)
CathyA3 (Ohio)
Posts: 6,299
Posted:
Another thing to consider with allowing owners to repair items:

When savvy boards ask professional contractors to submit proposals, they require them to also provide proof of insurance and appropriate licensing as needed. Homeowners generally will have neither of these - and if they were contractors who submitted bids without these things, they would not have been considered at all. If the homeowners hire their own professionals to do the work, they may not think to ask for this. This can leave the association with an uninsured liability if a worker gets hurt on the job.

The board needs to step up and do their jobs.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DeanJ on 06/05/2024 1:19 PM
If the Board determines standards and approves contractors to complete the work, the owners wanting the work done can then make a donation to the HOA for the work to be completed on their unit.

... snip ...

That may have tax implications and possibly legal implications if there are strings attached to the money (which there would be in this case). Anyone considering such a move should consult with their tax professional and run it past the HOA attorney. Already you may be spending more money than you would have on the repairs.

(Cathy's Rules for Life #11: People often spend more money and do more work trying to avoid spending money and doing work than they would have spent or done if they'd just gone ahead and done the thing.)
ValK2 (Tennessee)
Posts: 65
Posted:
I am a strong advocate of letting contracts to external businesses to handle repairs, upgrades, etc.

In our community we have certain skills (and people who THINK they have certain skills) and they like to do things themselves...."look what i did for the community" be it planting flowers, or otherwise handling things which are best left to a contractor.

Why?

Because it creates two issues:

First, i am special because i did such and such. The rest of you are just not good community members.

Second, and more importantly, when things go wrong, to whom do you turn? The person who screwed it up? Or bend their nose out of joint and hire someone to fix the fixing?

We hired a resident who owns a landscape business to install our common area irrigation. For two years now the water has been running into the street. And no-one wants to tell the resident (who supposedly "gave us a good deal"--he didn't) to come fix it. What we might have saved by hiring "one of our own" is now costing us in water bills, and somewhere is the cost to fix whatever it is that he screwed up.

Recently we had neighbors lay down a paving stone "patio" under a community bench. The problem is that the stones were laid in sand which is a no-no when it comes to laying pavers (the insects dig little tunnels under the blocks through the sand, and the rain washes away the sand over time and the pavers collapse with no underlayment). Who is going to tell the helping hands that the job is incorrect; and who is going to pay the cost of tearing up the patio and doing the job correctly?

Hiring insiders does nothing but create gloating and hard feelings. On top of that, it violates the spirit of keeping a level playing field. Ditto neighbors doing their own work on common areas.

The association should hire an external contractor, get the work done evenly across the board, and keep the "volunteer" hands out of it.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Adding to what Valk2 said, allowing owners to handle some of this stuff will inevitably lead to some owners being approved and others not. This creates the appearance of favoritism, regardless of whether or not there were legitimate reasons to give different answers to different owners. It's a no-win situation.

Opening this can of worms will lead to bigger problems than the board has now.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here