Permits and City inspctions

Started by SteveC4 • 11 replies • 1447 views

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SteveC4 (Florida)
Posts: 154

Posted:

Im in Floirda 28 units/townhouses....we have had issues with the outside of our units....and for the 8 years I been living here....they have never repaired any of the outside wood t-1/11....and if they did some repairs there was never any permits posted on the walls of the units and no city inspection done before and after.

I was told now that when we get this wood repaired and if there is any damages inside the wall under neath the wood it would be the homeowners resp to pay for those repairs...to me its manager and associations neglence for not keeping up with the outside of the units and getting them inspected the way they should have been.

We now have a new manager and they seem to be much more professional....my question is can we still go after the older manager due to there neglence?

GlenL (Ohio)
Posts: 5,491

Posted:

What do your documents call for? In ours for instance my responsibility starts at the drywall. Structural issues are the Association's problem; meaning it's my problem just all my neighbors have to help out. If it's your responsibility and you can PROVE someone else's negligence caused it and it is within the statute of limitations, you can certainly go after them in civil court.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

For a definitive answer as to what can be done you should consult an attorney.

Studies show that 5 out of 4 people have problems with fractions

PaulM (Pennsylvania)
Posts: 1,347

Posted:

SteveC4: Before you jump the gun and want to "go after the older manager due to there neglence?", you need to learn IF indeed your documents dictate that the OUTSIDE walls of the units are the Association's responsibility. It may be the walls are not, and I would be surprised if they were. What IS considered Assn. responsibility is listed in the Declaration (ex.: streets, water drainage system, landscaping, etc.) and is to be funded by resident payments of association fees with a portion going to the Capital Reserve Fund.

Further, it is not the Manager's responsibility to repair/maintain anything. The Manager is under contract with the Board on behalf of the Association and in turn, receives their direction from the Board. Certainly, they are in a position to advise and encourage, but it is the Board who makes decisions.

Also, I could be wrong, but I don't believe what you are speaking about (replacement of wood t-1/11) requires inspection or municipality permit for replacement. When the condos were built, they had to be inspected and approved for code regulations by the local officials.

LindaC3 (Florida)
Posts: 526

Posted:

Good morning PaulM... being in the construction business in Florida it is a requirement to have a permit and inspection when replacing siding..It is part of the building envelope and structural integrity..There are codes for the nailing pattern etc....I am only commenting at this point about the construction end of this post not who or who not may be repsonsible for anything else....LindaC3

SteveC4 (Florida)
Posts: 154

Posted:

Thanks LindaC...I did call the City in fla where I live and was todl the same thing...each time any work is done on the outside of the house there needs to be a permitt and city inspection.

Was never done here on my town units....they did some here and there repair work but no permits or city inspections was ever done.

SteveC4 (Florida)
Posts: 154

Posted:

so now there needs to be repair work done on the outside of these units and they was never treated and repaired correctly...if theres any damange underneath the wood ...per the association would be the owners cost to repair it.

I feel due to the neglence of the association and the manager using his men to do the work without any permits and no city inspection is there resp for the complete charges of these units...but who do I go to? should I complain to the state of fla? I mean we pay our associations dues each month and the bylaws state that the association is resp for the outside of each unit.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steve,
I think that you should reread your Documents to see who is responsible for Common Structural Elements and Limited Common Structural Elements. Normally the association is responsible for any and all parts of the structure into the drywall, including any and all support structures. That would be the wall support structure and insullation up to the drywall. Drywall then becomes the owners responsibility.

Going after the previous P.M is futile as she was working under the direction of the Board. They were responsible for instructions to the contractors, and she was the agent for the Board. Anyone being responsible would be the contractors for the poor job.It sounds to me like they got a cheap quote and went with that, which gave them unlicensed and uninsured work.

Then there is the other aspect of this problem and that was cost. Were there enough funds in the Reserve Funds or was this a huge budget item that no one wanted to fund? Cutting corners as we know , is not the answer.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Thanks LindaC3 for setting me straight re some states (FLA) do require permits and inspection on replacement siding. We do tend to speak from our 'wealth of knowledge' and automatically assume what goes for 'our' state goes for all. My mistake. Thank you.

SteveC4 (Florida)
Posts: 154

Posted:

I read the docutments and it does state that the association is resp for the maintance of the outside of the house...also too pressure wash each unit every 6 months....I got this townhouse in 2000 and was never pressuer wash or any repairs done to my unit.

But yet we have to pay the monthly association dues eacn month...and if you dont they can forclose on your house...its really not fair that when you sign the agrrement with the association what the monthly dues are included...but are never done....per the documents.

Well we have a new manger and they are so more professional and they seem to be doing all by what the documents state.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

SteveC4: Since you have a new manager, why not send a letter requesting a schedule on when the 'work' will be done to the units "according to the official documents". If its in the documents, it should be followed as normal procedure (6 mos. pressure washing, etc.); also, funding for the maintenance should be part of what residents are paying in assessment fees.

It is realistic that residents would want to know a schedule of outside maintenance, and if you ask, you just might be pointing them to a 'detail' they are not aware of. Since it sounds as though the Board is not following Association responsibilities, its time they get with the program.

Its good of you to question, and perhaps no one else has done so before.

LindaC3 (Florida)
Posts: 526

Posted:

PaulM........ LOL LOL......In Florida you have to have a permit just to breathe....hahaha...or so it seems...
I always tell my clients from "up north"...it all changes as soon as you hit the dividing line between GA.& Fl..... LindaC3

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