Unable to get repairs done to exterior of Condo

MichaelA4 (Ohio)
Posts: 11

Posted:

I have been since 2006 trying to get exterior repairs done to my shed it leaks water and the front panel is rotted away some of the flooring is now rotten The board just keeps saying your on the list. Also I requested some rotten wood to be replaced above a window. Maintenance came over and installed flashing over the rotten wood. In doing so the deceided to attach the flashing to the flashing that was installed when I purchased my new windows now I have lost my Lifetime Warranty on my window. Board just keeps putting me off when I ask what they are going to do. I need suggestions on what to do.

GlenL (Ohio)
Posts: 5,491

Posted:

Are you stand alone homes or a condo and why would the BOD repair a shed?

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MichaelA4 (Ohio)
Posts: 11

Posted:

Glen,

We are Condominiums the association is responsible for all exterior repairs. We are not allowed to do or have anyone do exterior repairs to the units. These exterior repairs are included in our monthly fees.

GlenL (Ohio)
Posts: 5,491

Posted:

Michael there is no reason for the Board not to repair, IF you have followed the proper procedures to get it repaired. What type of shape are the Association’s finances in? In Ohio if the BOD doesn’t fund the reserves with at least 10% of the annual budget the homeowners must vote annually to allow it. At this point you might need to sue the person who screwed into your windows, was it a contractor or did the MC perform the work? You also can file suit to force the Association to repair.

5311.23 Failure to comply with lawful provision of condominium instruments.

(A) A declarant, developer, agent, or unit owner or any person entitled to occupy a unit is liable in damages in a civil action for harm caused to any person or to the unit owners association by that individual’s failure to comply with any lawful provision of the condominium instruments.

(B) Any interested person, including a unit owners association, may commence an action for a declaratory judgment to determine that person’s legal relations under the condominium instruments or to obtain an injunction against a declarant, developer, agent, unit owner, or person entitled to occupy a unit who refuses to comply, or threatens to refuse to comply, with a provision of the condominium instruments.

(C) In connection with either type of action described in this section, one or more unit owners may bring a class action on behalf of all unit owners. The lawful provisions of the condominium instruments, if necessary to carry out their purposes, may be enforced in either type of action against the condominium property or any person who owns or previously has owned any estate or interest in the condominium property.

(D) An action by the unit owners association under this section may be commenced by the association in its own name, in the name of the board of directors, or in the name of the association’s managing agent.

Effective Date: 07-20-2004

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DanielH1 (California)
Posts: 482

Posted:

Get elected to the BOD and then vote and initiate repairs.