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SusanO3 (California)
Posts: 163
Posted:
Hi: the Board checked this plan with our Attorney who agreed it was fair, Attorney will mail a letter to each homeowner to outline the offer. Here’s the situation:
Townhomes built 1989
Reserve Study has us on 12 yr stucco paint, 6 year wood rot repair and paint
Last Stucco/wood rot painting was 2014
That means wood rot inspection/repair is 4years overdue
Why? Covid for 2 years, lost two long serving Board members and project got lost in mix
Anticipating owner hostility, and feeling some responsibility Board will ask members to pay 33.33% cents for of wood repair (not 100% per theCC&Rs)
At next wood rot/wood paint project 2030 we will return to owner pay wood rot and HOA pays painting

I’m not looking for thanks when we present to owners but hope they feel we have been proactive given the Board liability for delay
Interesting to see what 12 owners with no wood rot think. Will they want refund!

Has anyone else done this sort of thing?
Will report back in September when this has been announced and we can gauge reaction
DeanJ
Posts: 1,786
Posted:
A bit confused. Why would an owner be charged for wood rot for an exterior repair of a town house?

If the CC&Rs provide for 100%, why aren’t you charging that amount? Where other 67% being reappropriated from?

If wood rot is each owners responsibility, why are the units without rot being charged?

Basically it sounds like your Board has levied a special assessment for 33% of the current repair costs and is advising the owners there will be a 100% special assessment for all future rot repair costs. If that is the situation, that’s how you need to present it.

MichaelS56 (Minnesota)
Posts: 859
Posted:
The past boards sure missed doing their duty in monitoring the Reserve Study plan for maintenance. In my opinion, the Board not fulfilling their duty in handling wood rot should not fall on the shoulders of the owners with an assessment. They paid the monthly assessment they had agreed to with the expectation that painting, and wood rot repairs would be covered. The money that you paid the attorney could have been used to help pay the cost of this project.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Do I remember correctly that these are townhouses or at least something that isn't separately owned structures on separately owned lots? In some communities like this, there is a less clear cut difference between common elements and personal property. I remember one poster who said his community had detached homes but the association maintained the roofs, and I know of a number of communities in my area where the association handles lawn care on privately owned lots.

Re: the original question, remember that ALL association spending, including for the reserves, is paid for by the membership. Just because the money comes from a different bucket doesn't mean it's coming from a different source.

In this case, the board is admitting that they dropped the ball on preventative maintenance for a variety of reasons - some their fault, some out of their control (*). So they're making an offer to foot part of the bill for something that would ordinarily be owner responsibility, because the repairs may be more costly and owners may have a hard time coming up with the money on short notice. I think that seems reasonable.

(* Loss of institutional memory is a thing in nearly all community associations, and board meeting minutes don't come close to filling the gap. Right now I'm an officer in my condo community. My only function is advising the board on the community's history and on all of the things board members need to know in order to do their jobs properly. Any long serving board member on this website knows how long it can take to learn how to be an effective board member. Training helps a lot, but until a person puts the training into practice and has to sort out difficult issues, they don't really "know" the job.)
CathyA3 (Ohio)
Posts: 6,299
Posted:
Regarding what the board is doing in this case (contributing to costs that would ordinarily be owner responsibility), we're going to be doing something similar in our community. Previous boards didn't get curious enough about a recurring issue, and now that the problem has been properly diagnosed, the repair will cause a fair amount of disruption for the unit owner and damage to portions of the unit.

The master policy doesn't cover this (and we wouldn't be putting in a claim even if it did, because insurance).

So the board has voted to pick up a good chunk of the unit owner's costs, because: 1) the previous board dropped the ball repeatedly; 2) the unit owner has been unusually patient; and 3) the cost of a legal battle and the hit we'd take on insurance premiums would likely exceed the cost of repairs that would ordinarily be the owner's responsibility.

So... business judgment rule, which is within the scope of the board's authority. Basically, there are times to be a stickler, and there are times when being a stickler comes at a cost that a board may not want to pay.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By CathyA3 on 09/02/2024 6:29 AM
Regarding what the board is doing in this case (contributing to costs that would ordinarily be owner responsibility), we're going to be doing something similar in our community. Previous boards didn't get curious enough about a recurring issue, and now that the problem has been properly diagnosed, the repair will cause a fair amount of disruption for the unit owner and damage to portions of the unit.

The master policy doesn't cover this (and we wouldn't be putting in a claim even if it did, because insurance).

So the board has voted to pick up a good chunk of the unit owner's costs, because: 1) the previous board dropped the ball repeatedly; 2) the unit owner has been unusually patient; and 3) the cost of a legal battle and the hit we'd take on insurance premiums would likely exceed the cost of repairs that would ordinarily be the owner's responsibility.

So... business judgment rule, which is within the scope of the board's authority. Basically, there are times to be a stickler, and there are times when being a stickler comes at a cost that a board may not want to pay.

You mean like personally contributing out of their own pocket? Otherwise the funds are just the owners prepaid maintenance funds that were allocated to something else.
CathyA3 (Ohio)
Posts: 6,299
Posted:
No, out of reserve funds. It was a construction defect that took years to show up, and we have to go through the unit to get to it.
SusanO3 (California)
Posts: 163
Posted:
CC$Rs say wood rot 100% owners to pay for, but HOA organizes repairs that owner then pays. HOA then pays for painting. No wood rot has been dealt with since 2014. Board feels repairs will be larger for some because of Board lack of decisions. So the cost 67% of each repair will be shared by all via Reserves. Owners will pay 33%, one time only.
Going forward all reports of wood rot will be dealt with when reported (like roof repairs) and next wood trim painting will be done on schedule in 3 years.
SusanO3 (California)
Posts: 163
Posted:
Last sentence typo next wood repair and paint will be 6 years
JeffT2 (Iowa)
Posts: 880
Posted:
Your association really, really needs to inspect and repair the wood on a more regular basis than every three or six years. That schedule is crazy. You need to maintain the building every year, not every three years. You now have “actual knowledge” (which is a legal term) that a failure to maintain the building has resulted in damage to the owners, which will constitute further negligence in the future. In my opinion that actual knowledge overrules the theoretical schedule in an inadequate reserve study. Your association also cannot rely on owner input to inform the association. You need to do inspections. Hope this helps.
SusanO3 (California)
Posts: 163
Posted:
Thanks it does. We paid $5,000 for this inspection because we wanted photos for the owners if they were goi g to have to pay 100 %. We the tendered the wood rot scope of work and fortunately the wood rot inspection company were second lowest and we felt they would be invested in their inspection results. I’ll need to I doubt if they will do a free inspection on 95 townhomes annually hereafter. But this has never been included in maintence in the previous 35 years

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