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CathyT1 (Washington)
Posts: 68
Posted:
Hi, I've done a search on this site for construction surveys, but I could not find any.

Our Assocation, only two years old (sfh), has been having some issues, per the homeowners that have told me about their issues. We are having a meeting coming up shortly, and I would like to begin such a survey. Has anyone else conducted a construction survey that they can share, that would include such items as: drainage, foundation, plumbing, etc?

If after that point the homeowners are having such major issues, then I would like to seek the counsel of an attorney. But I think the above questions are a good start. Any help or website would be greatly be appreciated. Thanks.
GeraldT4
Posts: 1,022
Posted:
CathyT1 - My community consists of single-family homes and townhouses. Our townhouse condo board has provided the owners a construction survey in conjunction with our contracting a certified engineering firm to perform a Capital Reserve Replacement Analysis (CRRA), and Deficiency Study (DS) of the elements. Seems the direction you are going is to build a case to file a class action suit against the Developer. Is this so? It is my recommendation that the association board should only take it upon itself to negotiate with the developer, or decide to sue the developer if negotiations are unsuccessful if: 1) The matter concerns construction deficiencies of the common elements (amenities, clubhouse, common roadways, common sidewalks), 2) the association board has hired a engineering firm to perform a CCRA and DS of the common elements it maintains and replaces. If your homeowners association board wants to take it upon itself to assist the owners by providing a survey or list of existing construction deficiencies that's one thing. But the association board needs to stay out of individual single-family homeowner actions against the Developer when it pertains to matters that are not common to the association.
CathyT1 (Washington)
Posts: 68
Posted:
I agree and disagree with you. On one hand, as a community, I need to know from the homeowners, if, in fact, they are experiencing any issues, before we spend any monies on an engineer, attorney etc. Now, if I learn many homeowners are having major issues, then, my next step would be do to as you suggest (which costs money, which needs homeowner approval). Right now, I am looking for an "informal questionnaire" to submit to the homeowners to see if this is an even viable issue to ensue.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Cathy,
Being on the Board I would think that by now you and the rest of the Board would have heard if there are any infrastructure issues along with construction defects from the builders. I sense that there must be because it is unusual to hear from a poster asking what you did. New homes usually have some type of warranty which would not involve the association as such. IF there are infrastructure issues, then that is association business. What are you specifically looking for?
PaulM (Pennsylvania)
Posts: 1,347
Posted:
CathyT1: You need to separate individual owners' construction issues from
'association issues'. Individual owner issues will include all that was agreed upon between the owner and developer personally, and will have to do with construction of the unit. These could include bldg. defects or improper upgrades; however, this is between the 2 parties, and not the Board or Association as a whole.

However, IF you are speaking of issues relating to common ground or assn. common elements, (you listed drainage, foundation, plumbing...)then these are the concerns that the owners can bring to the Board/Association. The common elements will be listed in the official docs as those capital assets which the association has responsibility to repair and maintain. Yes, you definitely want to ensure they are completed correctly and all is in order at the time of transition to resident control.

You have not stated if the developer has turned over the association or "transitioned" control to residents. If he has not, you are in a good position to work with the local municipality officials to alert them to your concerns. Proper drainage and proper grading is very important and they will assist you in the appropriate action to take.

For further clarification on 'transition from developer', use the search feature to find key information to assist in your effort to have the developer make good on common area concerns.

GeraldT4
Posts: 1,022
Posted:
CathyT1 - Definitely respond to DonnaS and PaulM. However, why do you "need to know from the homeowners". What issues are they experiencing that you believe concern the association? Separate between elements the association must fund to maintain and replace, and those that the association has no governance over. Such as common roadways, sidewalks, trees on common space, clubhouse, tennis courts, retention/detention basins VS single-family owner roofs, masonry, windows, walls, landscaping within the boundary of their plat, HVAC, etc. you get what I'm saying?
CathyT1 (Washington)
Posts: 68
Posted:
I just started on this Board back in Oct. I know I have issues that the developer refuses to take care of, as well as some homeowners, without my asking, advising of the same. If we stand strong together, the developer will listen. If the developer continues to ignore and not do anything about our issues - then what point is it to have a homeowners association, if we cannot voice our opinions together? Yes, homeowner warranties by the developer already expired, but issues somehow keep occurring, which only will de-evaulate our properties as a whole and as community.

That said, this is why I ask.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Cathy,
I would think a Board appointed committee for the HOA, and a condo Board appointed committe for the condos should be appointed. One or two meeting of these two groups followed by a joint meeting of both committes should give enough information for a Joint Position paper to go out to all HO and ask each individual owner for input. I also would add in the request the owner have a time frame to submit their comments and any comments after that will not be considered.

Then appoint a subcommittee to catalog all the individual anbswers or issues into a common list of concerns. The two committees from different type HOA will have to agree that once the survey is completed that any action towards the developer should be a joint action, and if possible name the parties as the entire list of Home Owners and the entire list of Condo owners. I think that might keep all the chickens in the same pen.
GeraldT4
Posts: 1,022
Posted:
CathyT1 - You've yet to provide some descriptive details about your HOA. So to ask what the point is to have a homeowner's association isn't really an answerable question at this point. Again, the HOA will govern, fund for, maintain, and replace the common elements. Individual single-family homeowner construction issues are not within the HOA jurisdiction to get involved in. As you evidenced the homeowners had a warranty from the developer but the warranty expired. That does not necessarily mean the developer is off the hook. If the homeowners were diligent enough to document their issues prior to expiration, the developer may still be on the hook to perform the fix. Getting the developer to do it is another thing. The homeowners should band together separate from the entity of the HOA, and document their trends in construction deficiencies. Yes, there is safety and power in numbers. My recommendation is not to involve the HOA. Especially if there are common elements the HOA as an entity is fighting the developer on. Best not to combine the efforts which will eventually cloud the picture.

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