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DawnL (California)
Posts: 37
Posted:
Here's the situation. .

Board member is selling condo. It has been discovered (open house) that Board member performed several unauthorized upgrades to condo which may create liability in the future since install was not done by a licensed contractor. Mostly windows, and a glass door where window used to be. (Place looks amazing!)

1. In California, sellers have to disclose any "unpermitted" changes to the house. Does the board or seller have some obligation to let the new buyer know that those upgrades were done without the Board's authorization and that any leaks arising from those windows or doors are NOT our responsibility? This may jeopardize the sale - don't want any problems with that.

2. Can we just "assume" that those upgrades occurred before the dwellings were converted to condos and sweep it under the rug. . .and cross that bridge only if there are leaks in the future?

3. If the unauthorized windows leak in the future, and the Board refuses to take responsibility for any damages at that time, can the new buyers go after the previous owner, or the Board?

This is especially tricky because the condo seller/Board member is my sister. . .I don't want to jeopardize the sale, but on the other hand I don't want her to be sued in the future if the Board refuses to take responsibility for leak damage, should it occur.

Thanks so much for any information you might have!

Dawn in CA

SusanW1 (Michigan)
Posts: 5,202
Posted:

does the Board guarantee all repairs replacements?

Or is the real issue that she put windows where a door should be?
DawnL (California)
Posts: 37
Posted:
To clarify:

The Board's place is to make sure that any repairs are to be done by a licensed contractor so that the contractor can be held accountable for faulty work.

My concern is that by not enforcing the necessity of a licensed contractor, we would be liable.

A door was put in where a window once was.. . .
KirkW1 (Texas)
Posts: 1,665
Posted:
The first thing is to remove the owner's status as a Board member. You need to treat all owners the same. A person being on the Board or not is immaterial.

Beyond that what is the nature of The problem?
  • The work was not approved by the ACC?

  • The owner didn't get the proper permits?

  • The owner didn't hire a licensed, insured contractor?


If the issue is a matter of lack of prior ACC, then how has this been dealt with in the past? Do you ever approve such upgrades? If you do, then I would be inclined to allow the person to get approval after the fact upon paying for an inspection to ensure that things were properly sealed.
DawnL (California)
Posts: 37
Posted:
Thanks Kirk. . .

Yes, the status as Board Member is immaterial. I just included that information to add a side note that the owner knows what's required.

and Yes -

1. The work was not approved (nor was approval sought)
2. I can safely assume proper permits were not obtained.
3. All work was done by the homeowner, an unlicensed electrician.

We are a new Association (older complex converted to condos) so we haven't had to deal with this in the past. In fact, without the open house, we are unlikely to even know what sorts of "unapproved" improvements may have occurred in any unit in the complex.

We would be likely to approve the upgrades to the rear (non visible from the street) windows, but only if performed by a licensed contractor. so there would be some recourse for faulty installation. I'm not sure an inspection (after the fact) would be useful without removing siding to check for proper construction, plastic sheeting or whatever is required.

Dawn

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