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ThomI
Posts: 3
Posted:
I have requested work to be done on the exterior of my townhome three years ago. The General Contractor (GC) was sent out we noted the problem areas and pictures were taken, report was presented to the BOD, nothing came of it, last year same scenario only more items were noted and things have gotten worse, The units have now been painted over the damaged areas, I have sent my latest pictures to the PMC and requested the two or three reports from the GC. I have now been informed that I need formal board approval to disclose the information of the reports of work needed to be done to my unit? IS this correct??
SusanW1 (Michigan)
Posts: 5,202
Posted:
Who is responsible for the outside of your townshouse? If it's the board, then what they do is their decision, as wrong as that may be.

Is there a committee that you can start with to resolve this? To me, you took steps that were not in your role as an owner and that may have put off the board.

GraceH (Virginia)
Posts: 224
Posted:
Do you attend the board meetings regularly?
If not, you might want to start there. As what is a reasonable time frame for work orders to be complete.
3 years should not be acceptable. After complaining and attending meetings and complaining some more, it only took me 4 years to get the rotten wood on my chimney replaced.
If nothing else, they get tired of hearing you and fix your house. (sad, but true) It also helps if you have other homeowners present.

Susan is right, "If it's the board, then what they do is their decision, as wrong as that may be."

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Thomi,
Like all posts (especially mine) on this site, take them as opinions only. I don't look at your situation in the same light as many will. I also know CA has some very specific law about Home Owners Associations. You will have to come up with some more background about your association before we will be able to even know how much help we can be. As suggested here that you may be out of place in your actions and reactions to your Board, that could be, or maybe not.
I would say you don;t seem to have an abiding interest in your association because you seem to know so little about it and what makes it tick. I am guessing you are some type of condo of townhouses. These kind of associations, by the physcial properties of the complex present unique problems that have to be addressed by the Board, individually at times.

Your part in all this is to realize you are a member of an association, you sign on for the committment, you can not ignore your respnsibilities and for your oun protection, it is impairative that you have a working knowledge of how your Board works.

You are already several years late (apparnetly). You can go to a Board meeting, voice your concerns, ask for clairification and ask for justification of what you are told. The PM works for the Board, is paid and fired by the Board. You all elected the Board you did not elect the PM. The PM can be a valuable part of your organization, is yours, I don't know. But, like it or not the Board carries the hammer. Is your board a good board, I don't have a clue, but I do know you have to decide. Then you have to decide what to do. Best to work from a strong platform and know your business.
EllenS1 (Florida)
Posts: 1,148
Posted:
Robert,

I don't agree that Thom wasn't aware of procedures. He did not go ahead with the work without seeking board approval which has not happened. Waiting years for a yes or no from the board is simply ridiculous. If it were me I'd go ahead and have the work done and then the ball will be in their court and they may learn they need to be prompt with their rejection or approval. I would be careful however that the work done is similar to the other townhomes. Example: If your roof is leaking and you file an ARC with the board for a new roof and they don't respond what is to be done? Let it keep leaking? I don't think so. I live in a townhome with four adjoining units. Our docs clearly state all roofs must be replaced at the same time. I contacted the other four and none wanted (or couldn't) do it at that time so I went ahead and had mine reroofed following the recommended color and I would do it again. I was protecting my property and am sure if it ever came before a court (which I'm sure it wouldn't) I would prevail. Thom, Just keep copies of whatever paperwork you have showing you tried to follow the covenants and then you can make the case that the board disregarded their responsibilities.
EllenS1 (Florida)
Posts: 1,148
Posted:
Robert,

Thom said it was a townhome.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ellen,

I know that putting a roof on your home can be a rather costly venture. Since this is really a resp. of the HOA, isn't a portion of your assessments earmarked for this expense? Is so, why did you take on this expense yourself w/o first making a request of the board? I'm curious to know if the HOA reimbursed you the cost of your new roof.
ThomI
Posts: 3
Posted:
RobertR1;
Thank you for your input, to give you more background- my partner was on the HOA Board for ten years, I was on the Landscape committee for 5, wrote the Community Newsletter, and was a part of the committee to update the rules and Regs. I have been in Real Estate in California for 12 years and have managed properties, some of which I have owned. I have been hired as a consultant for PM companies, I have information regarding my home (HOA) since it was built, I took took possesion in April of 1993. I will be looking over the minutes of the meetings during the time of my inspecection, at which time I will also be looking at the financials. I am having a general contractor inspect my 1/18th interest in the corporation which is my unit. THe next board meeting a formal request has been made for the Board to authorized disclosure of the Corporations (HOA) reports from the HOA/PM genceral Contractor.

RobertR1 Any other input or advie would be greatly appreciated..
ThomI
Posts: 3
Posted:
Thank you EllenS1. I replied with more information and background to RobertR1, I have not use this forum in a long time, it is always helpful and wonderful to have all points of view.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Thomi,
I'm sorry, I don't understand. You say you are an HOA, and you own 1/18th share (stock) (interest) in the corporation. Maybe we are confusing terms here but you sound like a condo townhouse, in which case you don't actually own 1/18 of the corporation (your unit), you own 1/18th of the entire corporation. I would imagine there is something that is out of whack here. As I said California has some state statutes other states don't so the Property description could be different.

But all that aside, your posts are still unclear in what you are trying to accomplish. Is it a matter of getting your Board to be responsive and you question the PM and the Board about their upkeep of the property? Would I be wrong to assume you have long standing ongoing differences with the Board? Do you want to formally request certain documents that you are going to use to substantiate your claims of mismanagement and the PM and board are keeping you from doing this?

If you consider some of this and try to develop a charge or plan or something then, just like going to a lawyers office, one of the first question you have to answer is: What do you want to do, and what do you want me to do (speaking as the lawyer). I think I understand your unhappiness in not getting your property repaired properly, that is a valid consideration. I detect some deep problems with your management that is probably more reaching than just repairs.

I could be missing the thrust here, but my suggestion is for you to sit down and write out the specifics of what you would like to have happen and why you feel that is the proper thing to happen. If you are satisfied your management is deliberately trying to hide and stonewall your legitimate efforts to request they be responsive in accordance with your documents and state statutes. You have been around and involved enough to know this road is not always smooth. I expect you had more knowledge than you are posting here and the reason could be valid for this. Lots of nuts and bolts make up the picture. But your mission as far as I can see is clouded and filled with questions.
DeniseA1 (California)
Posts: 19
Posted:
ThomI,
I strongly suggest that you attend the monthly board meetings and present your questions/requests/problems directly to the board and management company personnel in a professional manner--don't deal only with the management company. If there are many townhomes in your association, then there are probably at least a few more homeowners who are experiencing the same lack of response as you. Also, there might just be a method to what you feel might be the madness. That is, perhaps there are other homes in far greater need of repair and all are being looked upon in their order as they appear on a ranking of health and safety. Granted, we all believe that our homes need more than another, but, when living in an association, you are at the mercy of the decision-makers. Ask where your home fits in on the scale and see if you can get some time-frame for the necessary work.
EllenS1 (Florida)
Posts: 1,148
Posted:
Mary,

In our hoa all owners are responsible for the upkeep (inside and out) of their individual unit. The hoa is mainly responsible for landscaping.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Thom did not answer that important question: DOES he have jurisdiction/responsibility for the outside of his unit?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Thom did not answer that important question: DOES he have jurisdiction/responsibility for the outside of his unit?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ellen,

Sorry, your statement: "Our docs clearly state all roofs must be replaced at the same time." led me to believe the HOA was resp. for replacing them. Actually if the members are resp. for replacing their own roofs I can't imagine why the docs would say this -- how would that really be coordinated? Doesn't make sense to me! But, then alot of things in a lot of docs don't really make sense, right? LOL
EllenS1 (Florida)
Posts: 1,148
Posted:
Mary,

You are so right. In theory some clauses in the covenants sound good but prove to be unenforceable. Personally I think re: roof replacement it would have been enough to say an ARC is necessary and shingles must be of the existing type and color. I can see why we don't want a mish mash of colored roofs. To be more clear our docs say roofs of adjoining units must be replaced at the same time not the entire property.

Before I had mine done I told the adjoining owners what the estimate was and asked if they wanted theirs done at the same time (thinking we could get a break if the same company did the work). None did but since then we have had all but one reroofed. Guess they didn't appreciate leaks either.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ellen,
First I am not questioning your decision to re-roof.

I would like to know what kind of an association you live in. You talk of adjoining roofs in some units. Does each unit have a deed that has a property description? What, if any land is attached to this group of units. Who has that deed? Do the collection of units you are describing all have separate water meters, and utilities? Who is responsible for the property around the buildings, the landscaping, sidewalks, etc? Is this building arrangement consistent throughout the HOA? In a cluster, suppose there is a structural defect that endangers a single of multiple units, how do you figure out who pay for that.
EllenS1 (Florida)
Posts: 1,148
Posted:
Robert,

I live in a townhome adjoining 4 other units. We all have deeds with a survey and own the property in front of and behind our unit. We all have our own water meters and utilities. As I said previously, the hoa takes care of landscaping, cutting trees, that sort of thing. This is consistent throughout the neighborhood. We are all required to show proof of termite treatment. If a structural defect affects an adjoining unit the owner with the defecct would be held responsible. Thank goodness that hasn't happened that I know of. We did have one owner who let her property get into disrepair and we ended up going the legal route and are foreclosing. Hope that works out as the association repaired the exterior of her unit and together with legal fees the cost is about $20,000. A hugh amount for only 101 units with quarterly assessments of approx $200.00 per quarter. Wish us luck!

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