Contractor hired by HOA board

Hello,

I am a resident of a condominium complex in Altadena, CA. As you probably know, pretty much all Altadena, with a few exceptions, burned down. Luckily, we were one of the very few who still have a home.
 
We've been living outside our condo for several months, already, while mold and water damage to the structure was being remediated.
This condition was caused by water intrusion into our unit.
for several years we asked the Board to check into this water intrusion, and they replaced the entire building roof twice in a period of 7 years. This action did not take care of the water leak issue.
About 4 years ago, during a rainy week, we informed the board that we were having a leak, and they called the roofing company that replaced our roof. The roofer told me that the problem was not with the roof, but due to the poor condition of the stucco wall which had countless cracks.
We informed the board, the board continued ignoring our requests until about 2 years ago, when we threatened them with legal action. At that point, the board hired a contractor to perform a water test, the test determined that the problem was the wall and not the windows, although they recommended replacing them.
About 6 months ago, they hired a contractor to begin work fixing the wall and remediating the damage to the inside or our unit and the other 3 units in my building.

After the drywall was completely stripped, the contractor the board hired, without knowing the history of maintenance to the outside of the building, the countless cracks on the stucco, even a 1/2" x 12" hole at the base of the stucco wall, which light can be seen from the inside of our condo unit, he told the board members that the problem was with the windows. At this point the board members changed their position about covering the cost of repairing the wall, casting blame on our windows. Unlike the previous contractor that performed a water test to formulate a report, the new contractor made this determination without performing a water test.
The board hired a lawyer, months had gone by of arguing about whose fault it is. The board kept delaying the project and we've been living in a rental property for 6 months.

Fast forward to January after the fire, We ran out of money, so regardless of whose fault it is, we decided to get our own windows as required by our CCRs. The board had sent us an agreement to pay for the windows, with a price as twice as high than what the contractor we wanted to hire quoted us, and the HOA Board contractor said that whoever contractor we hire to replace our windows, would have to assume liability for the work he already completed.

We feel that their contractor's position, although valid, reduces our chance to find another contractor to replace our windows, as no contractor would want to assume another contractor liability, and the HOA is forcing us to agree to pay an outrageous price for the replacement or our windows to which we never agreed.

We've asked 2 other contractors, and their estimated price confirms that contractor that the board hired quoted a very high price. Has the board failed their fiduciary duties for not checking with at least another contractor for better pricing to help homeowners save money? Their decision of hiring a contractor that puts us in a situation, in which it leaves us with little or no choice but to hire him and pay what he demands legal?

I much appreciate your feedback

Sorry for the lengthy story, it may be confusing, but it has many levels of complications.

DG

I'm going to talk in general terms, because without seeing bids or verifying insurance or licenses or getting references, I can't tell whether any of the contractors are good or bad.

There are a number of reasons a contractor can come back with a high bid:

* Small jobs are often not worth the contractor's time, but he wants to remain on the HOA's list of vendors that they use.

* The contractor's services are in demand.

* He's found that dealing with HOAs is a pain and includes a "nuisance surcharge" in his bids.

You noted that you're in an area that was hit by wild fires. Contractors of all sorts will be in high demand now because of the rebuilding effort. Instead of being suspicious of the high bid, I'd be taking a closer look at the ones that aren't reflecting this reality. Maybe they're fine, maybe they're underbidding for a reason. Again, not enough info to tell one way or the other.

As for the fiduciary duty part, boards are not obligated to take the low bid. I'm a believer in the adage that you get what you pay for, and quality is worth paying for. And no amount of fiduciary duty will compensate for the financial realities of rebuilding after a natural disaster. It's unfortunate that you're having to deal with your issue when all this other stuff is going on, but you're competing with all of the other folks who've lost their homes.

(I saw an article the other day that said we'll be seeing higher prices and labor shortages around the country, because workers and supplies will be heading to California.)

In my opinion the HOA board has a duty to insist that any contractor you hire here has to assume the liability going forward.
That's not confirmation of anything other than two contractors; two different bids; and possibly two different qualities for the final work.

Certainly not.

What you are experiencing is the price of living in a community where people have joint ownership of much of the property.

Condo living demands accepting that the people on the board get to call the shots, within the law, even if these are not the shots you would call.

I expect it is not going to get better for you there. Hopefully the lovely weather and lovely people make it worth it.

As the OP posted above, then the OP is stuck using the HOA contractor.

I do not think the contractor is out of line. Nor do I think the HOA is out of line.

When a COA is responsible for walls and an owner is responsible for windows, I think leaks (and who is responsible for them) are tricky.

To me it's just one of the common disputes over who pays for what in a unit in a condo association where the governing documents cannot address every scenario.

But you did not factor in any added cost of undertaking more liability (more warranty).
I do not think you are being fair to the reality of the situation. Two different contractors working on overlapping jobs is a nightmare. Contractors profane getting involved in these situations.

Worse, no one knows if the leaking will be fixed.

Identifying one's options can be helpful.

Let's assume you cannot find a contractor willing to guarantee the work by another contractor. It is likely you cannot. From where I am sitting, you can --

-- Ask the board one more time to forego requiring a contractor to undertake the liability of the other contractor's work.

-- Lawyer up. But the cost of this will likely quickly exceed just paying the HOA contractor's price.

-- Get on the board with others and establish a board majority of people who feel as you do.

Being on a condo board is the most demanding volunteer job there is, IME. Make sure the time you give up to being on the condo board is worth saving money on the windows.

Most people who buy into condos don’t realise they are purchasing a home that is basically an apartment, poorer quality construction than a single family home, and repairs are authorised by people that know nothing about building maintenance.

I believe you are victims of this situation and you are going to have to pay up.

Hey if you feel there is a CCR violation, then proceed to the HOA's required Internal Dispute Resolution procedure. See https://www.davis-stirling.com/HOME/I/Internal-Dispute-Resolution

Yup. Melissa, who used to post on this website, often said the HOA is you and your neighbors - ultimately it's up to all of you to ensure the association does what the documents say it's supposed to do.

In another conversation, I said developers should do more to prepare homeowners to take over their communities - at the very least pay for some training so they'll know about best practices concerning rule enforcement, reserves, budget preparation, etc. That may not prevent subsequent board members from being lazy, incompetent, crooked, and so on, which is why homeowners need to pay attention.

Since I've been getting a lot of responses from Google AI when I look up various topics for this site, my job, etc., I wondered what I'd get if I asked "how can HOAs ensure quality repairs and maintenance" Wanna see what it came up with - here you go:

"To ensure quality repairs and maintenance, HOAs can: establish detailed specifications for work, pre-qualify contractors through a bidding process, conduct regular inspections, maintain detailed records of repairs, involve homeowner input, and implement preventative maintenance schedules, all while ensuring clear communication with contractors and homeowners regarding expectations and responsibilities.

Key strategies:

Detailed specifications:
Clearly outline the scope of work, materials, quality standards, and deadlines for each repair project in the contract with the contractor.

Pre-qualification of contractors:
Establish a list of vetted contractors through a bidding process, considering their experience, licensing, insurance, and past performance reviews.

Regular inspections:
Conduct routine inspections of common areas and building components to identify potential issues before they become major problems.
Detailed recordkeeping:

Maintain thorough documentation of all repairs, including dates, costs, contractor details, photos of issues, and any relevant communications.

Homeowner input:
Encourage homeowner feedback on maintenance needs, concerns, and potential repair issues.

Preventative maintenance:
Develop a proactive maintenance schedule to address potential issues like roof inspections, gutter cleaning, and seasonal checks of HVAC systems.

Clear communication:
Clearly communicate expectations and responsibilities to both contractors and homeowners regarding repairs and maintenance.

Legal compliance:
Ensure all repairs adhere to local building codes and regulations.

Potential challenges:

*Cost considerations: Balancing quality repairs with budget constraints.
*Disagreements with contractors: Addressing disputes regarding work quality or contract terms.
* Homeowner involvement: Managing homeowner expectations and ensuring participation in the process.

Long time posters and readers of this website will note all of these tips have been mentioned in some form or another in dozens of conversations.

Dean, I'm really sorry this has happened to you - these are the scenerios that pop into my head when I consider home improvement projects for my own home. However your situation is resolved, I hope it does lead to a major change in the way your association approaches issues.