code violations

Our condo is small 2 story 10 unit. We recently enclosed our patio's and put in hurricane windows. As part of it we had to install a railing upstairs in order to meet code. Some owners, including officers, after inspection have removed the railings. I too am an officer. I was told by an attorney that if there was an accident and someone fell out of that window and got injured or worse and an officer of the board new of the code violation, that officer could be personally sued as Directors insurance won't cover negligence. Also if there were an accident, our master homeowner policy could be voided because of the code violation. We could also have our homeowners insurance dropped if they were to find out. I
don't believe there will be an accident, but I don't want my fate in other peoples hands. I may have to resign from the board.

Michael,
Only in Florida!! What are they thinking to remove those safety railings. Someone loses their balance and thru the glass, down 2 stories they fall. Call the building inspector anonimously and report them. It sounds mean but this was just plain stupidity.

Michael,
An after thought. The reason that they were removed (I'll bet good money) is that the railing obstructed the view. What is the structure framed with? The railings if they are wood, would be kind of unsightly but if they are powder coat aluminum, then that is about as unobstructive as you can get. Follow thru on this as it can really become a huge liability for the HOA. I am assuming that the porches and enclosure is HOA responsibility to maintain and replace.

The railings are powder coat aluminum, and its framed in cement with $100,000 worth of steel tie rods. Overall, I would guesstimate it obstructs less than 5% of their view and not at all when standing up. I have expressed my concerns but people think I'm over reacting. The president of the association does not believe me when I tell him its an code violation and he is in violation of his fiduciary responsibility. With only 3 board members I am outnumbered. I don't want to call code enforcement yet as I want to give them the opportunity to put them back up however some people did throw them away.

Now THIS is a time for the Board to seek legal counsel - and abide by the WRITTEN opinion of their lawyer.

Motion at the next meeting for a written response from your HOA lawyer on this issue.

The letter will be in the file, for future reference.

Then, you are out of the frey.

MAry,
They glassed in the patios and the UPPER windows are required to have a safety rail about 36 inches high. It prevents people from trying to walk thru the glass and end up below with a big thud. It is code there as well as up here in Tennessee, and probably in Arizona as well.

This is association owned and cared for property, therefore a missing rail would be association responsibility.

Michael,

Well, since this is a code violation and the assn is resp. for the railings, I would think the BOD should send letters to those members who have taken down the railings informing them they are to be reinstalled. If the member fails to do so, they should be fined. The assn should then reinstall the railings and bill the member for the cost of doing so. If the railings are assn property, the members do not have a right to take them down. If the two board members who are in violation of this do not comply, then they should be removed from the board. Otherwise they would be violating their fiduciary duty to the assn. by willingly placing themselves in a position to be sued for negligence. As a board member who does not agree with the actions of these 2 board members, I would certainly make certain my feelings are known and made a part of the record. I would prepare a memo stating the date each attorney was contacted and their stated opinions; present the memo to the board and have it placed into the record. If you have the attorneys' opinion in writing attach that to the memo.

Thank you all for your opinion, it's greatly appreciated. My job is to get the 5 unit owners to realize that they are in the minority as well as breaking the law. Due to the fact that the other unit owners that agree with me aren't physically on property they have currently only heard from me. In the real world I have the state, the city, the Engineer of record, insurance companies, countless property management professionals, Senior project managers and most importantly the law on my side. The real kicker is the President of our association who completely disagrees with me is a professional property manager, go figure(as I shake my head).

Eventually I will have to call the code enforcement however the bigger problem is that 4 of the unit owners threw their railings away. I have not yet found out what they cost but our overall expenditure including hurricane windows was 396,000 or about 40,000 each and none of us are wealthy people. I personally had to finance a portion of my payment so I am still paying for the railings that are no longer there. I am waiting to find out a line item cost but it has to be at least 10k if not more. In addition most of these people are my friends who I have had a great personal relationship with for over 15 years, so I really would like to try and educate them and give them the benefit of the doubt first.

Michail, you need to distance yourself from this issue and make sure the powers that be (the HOA lawyer and the city code department) take over.

You have done all you can. Make sure the minutes of the HOA meetings reflect your motions for LETTERS from both the lawyer AND any code officers to be in the official record. Get responside from people more powerful than you are. apparently, you are being discounted in this controvers

Like someone said, "You Can't Cure Stupid."

Than you have done all you can. Sit back and have a Mojito on the patio.

I really think a good shot of medicine for stupid would be to call code enforcement... if they are in some sort of violation, it should be corrected, and if they are unwilling to conform to government requirements, then the BOD members as well as the homeowners should submit to the consequences.

And if it were to open many other cans of worms, then maybe its time to make all necessary corrections. Considering the other board member's actions, I would hate to consider what else their stupidity has done.

John,
Michael keeps enabling the situation by using the excuses that the President and others use. This is not an arguable violation and there are no excuses to not act on this. As you said, a "Slam Dunk" for the plaintiffs. Oops, forgot Michael that you have just resigned from the Board. I hope that your railing is in place.

Michael,

I agree with Kevin 100%!!! I can understand your not wanting to be the one to call code enforcement -- it's really a tough decision. However, by waiting until the annual meeting to announce your resignation and telling the reason why might give you an out. Most cities keep confidential the names of those calling to report code violations. By waiting until after the annual meeting -- and after EVERYONE knows about the violation, the BOD will not be able to ascertain who called, right? Bottom line: this is an issue that needs to be resolved -- not the way the BOD wants to by sweeping it under the rug, but the right way. Those railings need to be replaced ASAP. Whether fines are going to be imposed and whether those who threw theirs away will be obligated to pay for new ones is not as important as getting them replaced.

Way to go John! I couldn't have said it better. But, alas, you can lead a horse to water, but you can't make him drink. Lets hope these board members aren't like that proverbial horse!