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LindaL6 (California)
Posts: 62
Posted:
In 1989 Los Angeles banned wood shingles from construction due to fire hazards (we get A LOT of fires); however the ordinance was grandfathered. Our 30 year old complex is covered with wood shingles (six buildings) and my understanding is that legally they can stay there indefinitely. HOWEVER, the board refuses to even treat the wood with a fire retardant ($$$) and I wonder about the legal ramifications due to this being a safety issue. They have not and will not get legal advice.
Linda
GlenL (Ohio)
Posts: 5,491
Posted:
If you're concerned check with the local Fire Marshal to see if application of retardant is required, another place to check is with the master insurance carrier. But understand if you do, do not be surprised if your assessments go up drastically to pay for opening that particular can of worms and if it is an emergency the 5% limit for special assessments may not apply.

Studies show that 5 out of 4 people have problems with fractions
LindaL6 (California)
Posts: 62
Posted:
I thought that was the purpose of having a reserve study; wouldn't they have taken care of that problem?
Linda
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By LindaL6 on 11/29/2009 5:33 PM
I thought that was the purpose of having a reserve study; wouldn't they have taken care of that problem?
Linda

In what way?
LindaL6 (California)
Posts: 62
Posted:
It would be included in the maintenance and replacement of the components and adequately funded; so to avoid any unnecessary assessments.
Linda
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By LindaL6 on 11/29/2009 6:35 PM
It would be included in the maintenance and replacement of the components and adequately funded; so to avoid any unnecessary assessments.
Linda

Unless the board decided not to treat the shingles, in which case the reserve study wouldn't include it.

But why would any of that rule out your calling the Fire Marshall and asking the "legality" of whether or not the shingles MUST be treated?
LindaL6 (California)
Posts: 62
Posted:
It wouldn't rule out contacting the fire marshall. I spoke with them earlier today.

Fire retardant on the wood is a maintenance issue and should be included; especially if you have educated management.

Linda
MicheleD (Kentucky)
Posts: 4,491
Posted:
It appears that this issue is very important to you.

In the years that you've lived in your development, you've no doubt met and made friends or acquaintances with a good number of your [apathetic] neighbors.

If so, then it would be worth your while to focus that passion and energy into herding those cats, I mean, organizing like-minded neighbors, to petition the board to investigate the application of fire retardants on the shingles.

Keep in mind, the management company isn't necessarily in this for the "power" or "control" of your HOA. Most likely it's for the purpose of job security so that they can rely on the annual fees.

Now, keep in mind, when you threaten someone else's income, they can get very testy, and, at best, push back. Which I'm quite sure you're already aware.

But, if you know your documents thoroughly, and you know the process for petitioning for various action, then if you have the appropriate number of association members supporting the petition, the management company and the board pretty much have to follow the documents.

It would be when they fail to do so that you get hold of the "attorney."

However, don't jump the gun, take it one step at a time, and the first step for you is to round up the appropriate number of concerned neighbors to affect the change.

Hope this helps.
LindaL6 (California)
Posts: 62
Posted:
A great post!! Thanks!
Linda
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By LindaL6 on 11/29/2009 6:35 PM
It would be included in the maintenance and replacement of the components and adequately funded; so to avoid any unnecessary assessments.
Linda

Almost, the reserve study tells the BOD how much they need to save to repair or replace X. It is then up to the BOD to accomplish this not the person who generated the reserve study which are updated typically every 3-4 years. To determine how healthy your reserves are, divide the amount of money actually in your reserves by the amount that should be in the account. For example, if on year 5 you have $25,000 instead of the $50,000 called for by your reserve study, you are only 50% funded. If your reserves are in the 0-30% funding range, you can expect frequent and significant special assessments. Associations in the 70-100% funding range are considered financially strong, and special assessments should be rare.

Studies show that 5 out of 4 people have problems with fractions
DeeS1 (Michigan)
Posts: 223
Posted:
I'm not familiar with fire retardant application, but would guess that it needs to be applied with regular frequenancy. Our reserve studies only call out whole-scale repair/replacements for common areas assuming the regular maintenance if not being deferred and do not address the regular maintenance --those are to be funded through the normal annual assessment.

For example, roof repairs might be a regular yearly line-item in our budget, but roof replacement would be an item for the reserve study. Another example would be sidewalks. We have a budget line item for a certain amount of sidewalk repair each year. We do not have sidewalks listed in our reserve study because it is assumed that the entire system would never need to be repaired at one time if it was receiving regular maintenance.

Whomever determines and approves the budget needs to ensure that all regular maintenance is being accounted for in the regular assessments. It is not necessarily the function of the reserve study to point these things out. The reserve study itself probably has some text in it highlighting its assumptions of this nature.
LindaL6 (California)
Posts: 62
Posted:
I requested a copy of our new reserve study which was just completed. Thanks for the advice.
Linda

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