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BobW5 (Arizona)
Posts: 21
Posted:
We have a resident whose home is in need of significant repair and in danger of falling down a hillside and needs new support. The concern is whether the HOA would be liable somehow if the house falls down to another property below or on our common property. The Architecturual Committee has already reviewed it and recommended immediate repair. If the owners are unable to fix it up, is it legal for an Arizona non-profit corporation to invest HOA money in a private residence to repair it since she is unable to do it herself or unable to get a loan due to living on social security only.
BrianB (California)
Posts: 2,820
Posted:
if it's a single family home, with no common elements, i can't see the HOA being liable.

Can the HOA purchase the home? Sure, if that's a smart way for the board to spend the shareholders money. What will the HOA do with the purchase? Rent it out for profit? Turn it into a clubhouse? REalize, once bought, it kind of becomes common area, and the property of every HO/shareholder.

I also can't imagine it being smart to buy a home admittedly almost falling apart. Will you get a great deal? If you are doing it "for the little old lady", then no, the HOA shouldn't do it. You are a business, not a charity.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By BobW5 on 10/16/2008 5:36 PM
We have a resident whose home is in need of significant repair and in danger of falling down a hillside and needs new support. The concern is whether the HOA would be liable somehow if the house falls down to another property below or on our common property. The Architecturual Committee has already reviewed it and recommended immediate repair. If the owners are unable to fix it up, is it legal for an Arizona non-profit corporation to invest HOA money in a private residence to repair it since she is unable to do it herself or unable to get a loan due to living on social security only.

Bob,

I agree with Brian! IMO, the only involvement the HOA should have is to inform the prop. owner that the home must be repaired immediately. No way should the HOA undertake the repairs for this prop. owner as that would really open the door to future situations that might arise whereby a financially-strapped prop. owner is in need. This prop. owner should check into getting city aid for the repair. I live in Glendale and I know the city has a grant program that will help low-income prop. owners with these type problems. I believe this program is sponsored by HUD so it may be available in all cities throughout the state. It's worth checking out. Also, there may be other civic assn's that provide this type assistance to low-income, elderly prop. owners. Perhaps a board member could check this out for this person and assist with the application. Although I believe this is not a board issue, that doesn't mean a board member cannot help this elderly member.
KirkW1 (Texas)
Posts: 1,665
Posted:
I don't know why so many people think that HOAs would have any responsibility for:
  1. The way a home is constructed.

  2. The soil the home is constructed on.

  3. Acts of someone outside the HOA
  4. Acts of the individual members not representing the HOA


I will also say that if you were to rescue this person's home you would be faced with the expectation that you rescue the next person's home as well. In fact, they might even get a fancy pants lawyer who postulates in large words how when you assume liability that is not yours you get stuck with a whole lot more of it.

Beyond this, I will just say that without further explanation I don't think you can afford to rescue the house anyway. Why is the house in danger of falling? Is the hill moving? While it can perhaps be fixed, it won't be cheap or easy.
DonnaS (Tennessee)
Posts: 5,671
Posted:

I want to know where that kind of HOA funds would come from. Are they available to be used for a purchase? If coming from a Reserve Fund, that must be voted on by the membership. Taking out a loan, I'll bet is not addressed in the CC&Rs and would not be a suitable expense from your budget. The Corporation would be the name on the deed and property owned by the corp has a whole different set of rules to follow.

And as Kirk said, this is setting a total new precedence and not a very good one IMHO. What would be the limit on helping others in similar situations? I feel a whole new problem for this association.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You need to call in your local municipal authority for an official inspection. If the house is "in danger of falling down" is could be declared condemned and could be eligible for tear-down. City engineers can tell you for sure. Call them ASAP!!

Should the HOA get involved? I agree with Kirk. Stay out of it.

Perhaps selling it as is or even just the prpoerty, and moving into an apartment or other housing is the best thing for a senior citizen who has neither the money or the time to fix up a home.

BobW5 (Arizona)
Posts: 21
Posted:
I want to thank each person that answered my query on this topic. This basically reflects the majority of the board opinion but I wanted to be able to have some outside opinions on this matters so the board can be thoroughly convinced to stay out of this issue. Thanks. Bob
DonnaS (Tennessee)
Posts: 5,671
Posted:

BOB,
We aim to please. It is very nice to be acknowledged that we have provided some additional thoughts to the poster. Thank You!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Bob,

Glad to hear we were of some help to you. Although I did state I thought the board should not be involved, I do hope someone steps forward to help this elderly person, especially if she/he doesn't have any family around. Please tell her to check to see if the City has programs for low-income elderly home owners.

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