SusanO3 (California)
Posts: 163
Posts: 163
Posted:
we are a 95 units, townhome community. Our CCRs from 2017 state exterior painting is paid for HOA but wood rot is levied as Special Assessment against homeowner. Our Reserve Study has our painting cycle at 12yr stucco/6 yr wood. Last stucco and wood paint was 2014. Wood was not painted 2020 due to Covid, nor again in 2021. Then two original and key members of our Board left and now finally this year 2024 we are about to place contract for wood/stucco painting. Board are worried that homeowners will refuse to pay for wood rot because we are 4 years over the due date, and the bills they will get will be higher because of Board inaction.
Should the Board be working with their attorney to see if a special deal can be done this year to give the homeowners some relief from the higher costs. Or should we just say that's what the CCRs say, and here's your bill. You have until June 30, 2025 to pay it!
Is this painting & wood rot split of responsibilities usual in townhome HOAs? BTW Relevant part of CCRs are below.
Thanks for any input in advance. Sue
[7.2] Association Maintenance Responsibility With Respect to Lot Improvements. Except to the extent that an Owner may be obligated to maintain and repair hereinafter provided, and without limiting the generality of the statement of duties and powers contained in the Association Management Documents, the Association acting through its Board and its officers shall have the duty to accomplish the following upon the Lots or other land in such manner and at such times as the Board shall prescribe:
(a) Maintain the exterior (defined to mean the side fronting on public right-of-way or Association Property) of those lot perimeter walls or fences identified on Exhibit A attached hereto;
(b) Maintain exterior surfaces of all Duplexes located upon the Lots. Such exterior maintenance shall specifically not include glass surfaces;
(c) Maintain, repair, restore, replace and make necessary Improvements to the Duplexes occasioned by the presence of wood-destroying pests or organisms;
The costs of any maintenance described in Section 7.2(c) shall be levied as a Special Assessment against the Owner whose Dwelling Unit is affected. The costs of any other such maintenance and repair pursuant to the Section shall be a Common Expense except as otherwise specified in the Declaration.
Should the Board be working with their attorney to see if a special deal can be done this year to give the homeowners some relief from the higher costs. Or should we just say that's what the CCRs say, and here's your bill. You have until June 30, 2025 to pay it!
Is this painting & wood rot split of responsibilities usual in townhome HOAs? BTW Relevant part of CCRs are below.
Thanks for any input in advance. Sue
[7.2] Association Maintenance Responsibility With Respect to Lot Improvements. Except to the extent that an Owner may be obligated to maintain and repair hereinafter provided, and without limiting the generality of the statement of duties and powers contained in the Association Management Documents, the Association acting through its Board and its officers shall have the duty to accomplish the following upon the Lots or other land in such manner and at such times as the Board shall prescribe:
(a) Maintain the exterior (defined to mean the side fronting on public right-of-way or Association Property) of those lot perimeter walls or fences identified on Exhibit A attached hereto;
(b) Maintain exterior surfaces of all Duplexes located upon the Lots. Such exterior maintenance shall specifically not include glass surfaces;
(c) Maintain, repair, restore, replace and make necessary Improvements to the Duplexes occasioned by the presence of wood-destroying pests or organisms;
The costs of any maintenance described in Section 7.2(c) shall be levied as a Special Assessment against the Owner whose Dwelling Unit is affected. The costs of any other such maintenance and repair pursuant to the Section shall be a Common Expense except as otherwise specified in the Declaration.