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KennethC (Alabama)
Posts: 27
Posted:
We had a house burn down end of last week. What steps, if any, can the HOA take to make sure that the property get cleaned up quickly? How hard is it to enforce building restrictions once the home owner decides to rebuild?

I would like to be proactive regarding this matter, but I don't want to be a hassle for homeowner.

Thanks!
WilliamT (Arizona)
Posts: 489
Posted:


The board should be more concerned about the welfare of the homeowners who lost their home than about cleaning up the mess.

The first thing the board should do is to pay a personal visit to the unfortunate homeowners and ask what the community can do for them; And follow up by doing whatever the community can for them. It could be a donation of money from the neighbors and some from the community funds.

The clean up will happen in time. But take first things first. Take care of the neighbor in need, and the neighbor will be a good community member.

As far as rebuilding, the community ACC, and you should have one, will need to approve the plans.
JulieS (Georgia)
Posts: 412
Posted:
I agree with William in that the HOA should concentrate on being supportive in this matter. Surely the homeowners are devastated and will be very stressed out for quite some time.

Rebuilding and repairs will take quite awhile. The homeowner will need to go through the ACC approval process but I would let the city/county handle the rest.
KennethC (Alabama)
Posts: 27
Posted:
How rude! Of course, we are checking on them! How selfish and unfeeling do you think we are? Thanks for thinking so little of us.
KennethC (Alabama)
Posts: 27
Posted:
Posted By KennethC on 09/18/2006 9:07 AM

How rude! Of course, we are checking on them! How selfish and unfeeling do you think we are? Thanks for thinking so little of us.


Sorry, for my rash response. I understand and appreciate your concern for the homeowner. I realize that there may be HOA that are that unfeeling, but we are not one of them.
RogerB (Colorado)
Posts: 5,067
Posted:
Posted By KennethC on 09/18/2006 8:07 AM
We had a house burn down end of last week. What steps, if any, can the HOA take to make sure that the property get cleaned up quickly? How hard is it to enforce building restrictions once the home owner decides to rebuild?

I would like to be proactive regarding this matter, but I don't want to be a hassle for homeowner.
Thanks!


I am sure the owner will be anxious to rebuild ASAP after resolving insurance issues and developing plans. Let the owner know that your architectural committee will work with the owner or owner's architect and must approve their plans. This approval does not preclude them getting approval of other controlling agencies.

WilliamT (Arizona)
Posts: 489
Posted:
Posted By KennethC on 09/18/2006 8:07 AM

We had a house burn down end of last week. What steps, if any, can the HOA take to make sure that the property get cleaned up quickly? How hard is it to enforce building restrictions once the home owner decides to rebuild?

I would like to be proactive regarding this matter, but I don't want to be a hassle for homeowner.
Thanks!


Posted By KennethC on 09/18/2006 9:07 AM

How rude! Of course, we are checking on them! How selfish and unfeeling do you think we are? Thanks for thinking so little of us.


Kenneth, no one was rude to you. No one called you selfish and unfeeling; those are your own words.

You asked for advice and you received it from three people so far, in a very positive manner. The advice was to first take care of the homeowner, and instead of taking offense at the advice, I would have expected that your response would have provided us some details on what your HOA and neighbors have done for the homeowners.

Provide us with some details on what your board of directors, representing the HOA, have elected to do for these unfortunate people, and what the neighbors have done to help them.

The more detail one provides, the better advice the members of this forum can provide. Also if you share the details of what your HOA did for these homeowners, it gives everyone ideas on how they can help their neighbors in times of crisis like this.

However, your post just said the fire happened at the end of last week, which is a very short time ago, and the only concern you expressed was about cleaning up the property "quickly" and enforcing the building restrictions. It said nothing about being concerned for the homeowners who were devastated by the terrible loss.

It seems to me that your concern about the fire mess is premature. The homeowners must first go through an arson investigation and an insurance claims investigation process to determine the cause of the fire, and the insurance company responsibility. That will take time.

I'm sure the owners want to quickly clear the property and rebuild more than anyone. However, they will not be able to do anything until they receive clearance from the fire department and the insurance company. After they receive those clearances, they may be able to get the property cleared of the fire residue.

Then there is the process of designing a new house. The homeowners will have to find a general contractor that they're comfortable with. Then they'll have to find an architect they're comfortable with to design the plans for the new home. The house plans will have to be approved by the city or county, depending on your locale. They will also have to be approved by the HOA ACC. All of this will take a lot of time, and there is nothing you or the HOA can do to rush it.

It is not your job to enforce building restrictions. That is up to the city or county and the HOA ACC.

You will have an opportunity to voice any objections to the building plans at the proper time.

The city usually sends out a notice to neighbors of plans to build a home, especially if there are any variances, and any objections to those plans can be voiced in writing and at the meeting the city holds to discuss the plans before final approval.

The HOA ACC should also send out notice to the HOA members when they receive the plans, and at that time the members will have the ability to voice any objections in writing and at the ACC meeting where the plans are scheduled to be discussed for approval/disapproval.

Those are the only two instances where you will have the opportunity to voice your objections, if any, on the house building plans.

Also, consider that the homeowners may not wish to rebuild there. So they may clean up the residue when they have clearances to do that, and put the vacant lot on the market.

BradP (Kansas)
Posts: 2,640
Posted:
Kenneth:

Obviously the first matter is to take care of the family which it sounds like you are doing. Having never dealt with something like that I have no idea how long an insurance claim will take, however, I doubt the family will have money to clean anything up until that is settled. My advice would be to sit down with them as a board and offer the support of the association and work with them to help get their house rebuilt. I think a really nice touch would be to get a neighborhood drive started to get donated clothing, food, even some money for them so they can start to rebuild what they have lost. I wouldn't worry about the lot, that will take care of itself.
KennethC (Alabama)
Posts: 27
Posted:
Thank you all for your replies. They have been very helpful.

WilliamT,

Thank you for the more detailed reply. I am sorry for the limited details, but I felt that the taking care of the homeowner/neighbor part was a no brainer and that it didn't need to be mentioned. I thought I could ask a general question and get a general answer like RogerB gave. I appreciate your concern for the homeowner and also the helpfulness of the post to others. My goal was to get a general answer/timeframe in mind so that when homeowners eventually question how long it will remain that way I will have a response.

Again, WilliamT & JulieS I appreciate all your contributions to this forum and think you both are very helpful. I simply took your responses an accusatory way and apologize for my rash reply.
JanM (Texas)
Posts: 142
Posted:
We had a house fire a couple of years ago where the owner lost everything. It was really scary due to the natural gas tank that was in the middle of the fire. I thought it was going to blow up! Anyway, we had a fundraiser at our clubhouse for the family to get them by til they could find a new home and had a huge turnout. Not only can you donate money, but food and clothes.(the daughter-in-law was pregnant). Unfortunately, the owners didn't have insurance and left the neighborhood and the big mess so the we volunteered to clean it up with the help of the local FD.
CharlesW1 (Georgia)
Posts: 826
Posted:
JanM,

That’s the way a community should come together in a time of need. I‘m sure they were extremely grateful. I know I would have been.

That’s crazy that they didn’t even have Homeowners insurance. That’s a shame. It’s the unfortunate stories like this that are the ones that make so many people change their minds about so many different things.

That is a great suggestion and a very encouraging story.

Chuck W.

Charles E. Wafer Jr.
BrianB (California)
Posts: 2,820
Posted:
to add to the original question: what steps can the HOA do to make sure the home is cleaned up quickly, etc.:

Stay in touch with the owners. By keeping the communication link open, you can find out their plans, and see if there are any roadblocks you can undo (perhaps their insurance company wants a document, and if you knew that from speaking with them, you can provide it). Or perhaps there is a city requirement, and the owners are at the end of their resources, the HOA can step in and offer time, help, etc. to find that information, get it to the city, etc.

carefully ask the owners, at a decent moment, what their plans are, and what help they need. Get an "agreement" between you and them to speak often, keep updated, etc. For instance, if they say they want to have the remains gone by the 23rd, ask what assistance they need. See if there is any networking help the HOA can provide (people, experts, equipement). Then, leave them to their tasks, and don't ask anymore about that "task", until after the 23rd. By knowing their plans, you can adjust yours, and not be seen as nagging, constantly seeking updates, etc..

finally, reserach the city codes... most likely, the city will have rules about how long a building can remain damaged, in disrepair, etc.. Knowing those, you can help your owners avoid city code violations as well.
LindaJ (California)
Posts: 2
Posted:
As the owner of a condo which was partially destroyed by a 6/30 fire (my neighbor lost an entire condo), I must lament that even starting the cleanup was a nightmare.
Now, 3 months later and still displaced, we have not seen one ounce of repair--just board meetings and promises and a very lethargic, non-proactive property managers. Despite the hard work of some, the results are disappointing so far. Just yesterday, a gen.contractor was signed on--but only after the Board determing that we also needed an independent overseer from an architectural
firm.

HAS ANYONE ELSE HAD SUCH A SLOW START? Just how much can or did you get from the hired management company? We are
lacking in that area so far--bigtime.
LindaJ (California)
Posts: 2
Posted:
As the owner of a condo which was partially destroyed by a 6/30 fire (my neighbor lost an entire condo), I must lament that even starting the cleanup was a nightmare.
Now, 3 months later and still displaced, we have not seen one ounce of repair--just board meetings and promises and a very lethargic, non-proactive property managers. Despite the hard work of some, the results are disappointing so far. Just yesterday, a gen.contractor was signed on--but only after the Board determing that we also needed an independent overseer from an architectural
firm.

HAS ANYONE ELSE HAD SUCH A SLOW START? Just how much can or did you get from the hired management company? We are
lacking in that area so far--bigtime.
AdrianaG1 (Georgia)
Posts: 9
Posted:
I am surprised that nobody mentioned the responsibility that the HOA has to see that unsafe situations are addressed for the safety of other residents.

We had a fire in our HOA last night and I wondered what our board should do in this respect. The home is a second home that was not occupied at the ti e it was struck by lightning.

I am concerned that a friend whose house burned down in a different area said that his insurance company would not cover debris removal unless they opted to rebuild the house. So there is the prospect of a burned out shell sitting in the community until the county choses to act. Our covenants are pretty weak and provide little in the way of enforcement options.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is an old post from 2006. Be careful about reactivating old posts. The date is on top of the posts. Thanks.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MelissaP1 on 06/25/2014 12:27 PM
This is an old post from 2006. Be careful about reactivating old posts. The date is on top of the posts. Thanks.

No insult intended, but newbies often have a tendency to revive old posts.

Welcome to the forum Adriana from Georgia. Most of those who regularly post on this forum would give you the same advice that Melissa did. Best to post on recent topics or start a new thread. If you've gone beyond the first page or two of topics, you probably have gone too far.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ken,

Typically clean-up can't occur until the insurance company and fire marshal have completed their investigations as to the cause of the fire. Then if there is a dispute (say the cause was determined to be the work of a contractor but the contractor says it was an existing condition) it's possible that the cleanup can't begin until the dispute is settled.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By TimB4 on 06/25/2014 1:13 PM
Ken,

Typically clean-up can't occur until the insurance company and fire marshal have completed their investigations as to the cause of the fire. Then if there is a dispute (say the cause was determined to be the work of a contractor but the contractor says it was an existing condition) it's possible that the cleanup can't begin until the dispute is settled.

Tim!

I'm surprised at you. This is an old post. With a post count of 27 since 2006, I doubt that Ken is still around.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By BruceF1 on 06/26/2014 4:36 AM
Posted By TimB4 on 06/25/2014 1:13 PM
Ken,

Typically clean-up can't occur until the insurance company and fire marshal have completed their investigations as to the cause of the fire. Then if there is a dispute (say the cause was determined to be the work of a contractor but the contractor says it was an existing condition) it's possible that the cleanup can't begin until the dispute is settled.

Tim!

I'm surprised at you. This is an old post. With a post count of 27 since 2006, I doubt that Ken is still around.

Still Tim's advice will work for Adriana too.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By BruceF1 on 06/26/2014 4:36 AM

Tim!

I'm surprised at you. This is an old post. With a post count of 27 since 2006, I doubt that Ken is still around.

Yep, I missed that one even though others had pointed it out before I posted.

It's been a bad week.

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