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BernieA1 (Michigan)
Posts: 1
Posted:
Our board recently approved a special assessement to repaint the wood trim
of the exterior of the buildings. During the annual meeting when the project was approved
it was determined that the developer/builder did not do a very good job of selecting
the paint during the new construction. So 5 years late we had to repaint. The board
selected the paint contractor because of the guarantee of paint company's products the contractor
was using as well as the contractors guarantee of the application of the paint.

Now 12 months later, the paint is blistering and peeling around my front door trim. I
called our property manager concerning the problem. He advised me that I am responsible to
fix the problem at my own expense. I feel the board set a precedence when the contractor
painted the door trim the first time and that the work that is needed now should fall under
any warranty given to us by the board's selection of the paint and paint contractor. Each resident
paid a $2,000. special assessement because there was not enough money in the reserve.

They have put me in a precarious position. I do not know the name of the paint nor
the color so it would not be a match. If the paint doesn't match up to their satisfaction
they will fine me and send a paint contractor of their choice to do the work and bill me for both charges
if it is not to their satisfaction.

I don't see how the property manager nor the board can decide that it is my responsibility
to fix the problem. I do not believe the board nor the property manager can change or
makeup the rules as they go along.

Do I need to hire an attorney?

Thank you.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
YES ... to send the BOD a letter -> problem probably solved
RogerB (Colorado)
Posts: 5,067
Posted:
Bernie, did your property manager provide any information on why they think it is not the HOA's responsibility? It appears from what you posted that they are not competent. I would contact the manager and advise them that it is the HOA's responsibility to correct this problem and if they disagree let them know you will be contacting the Board to report their response. Then I would submit a letter to the Board requesting they correct the painting problem and also resolve the problem of an incompetent PM.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I do not know the name of the paint nor the color so it would not be a match.


Stop by Walmart, pick up a bunch of paint swatches, bring them home, hold them up to your trim until you see a match.

Quote:
Do I need to hire an attorney?

Dont make a mountain out of a mole hill. After you match your paint, go back to walmart and spend $8 on a pint of paint. Paint it and your done.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By SteveM9 on 06/17/2010 1:24 PM
I do not know the name of the paint nor the color so it would not be a match.


Stop by Walmart, pick up a bunch of paint swatches, bring them home, hold them up to your trim until you see a match.

Quote:
Do I need to hire an attorney?


Dont make a mountain out of a mole hill. After you match your paint, go back to walmart and spend $8 on a pint of paint. Paint it and your done.


Improperly applied paint which is blistering and/or peeling must be removed all the way to bare wood. Then, the wood must be primed and then coated (preferably twice) with the finish paint.

Juuuust a little more involved than $8 bucks at Wally World (which is probably what the 'shoemaker' previous painter did).
DavidA7 (California)
Posts: 179
Posted:
First, I feel it is not the Management Companies right to tell you what is covered or not is covered. By doing so they are interpreting the HOA CC&R's or bylaws which should only be done by the HOA Board of Directors in responding to this type of request. A MC is a third party contractor of an HOA and not the governing body of the HOA. It is the responsibility of the Board of Directors to respond to you what they feel is covered under the bylaws.

I would first send a letter via the management company addressed to the Board of Directors indicating what you have already said. Send it certified Ask for a response in 10 days

If they don't respond get 2-3 quotes from companies to perform the repairs

Submit those to the HOA Board of Directors with a letter asking them to perform the repairs ask for 10 day response. Send it certified signature required

If no response send a third letter indicating its a demand letter for repairs along with detailing the cost for repairs ask for 10 day reply

If no reply then File a small claims action against HOA for the amount you indicated in demand letter.

If goes all the way to small claims present your argument with supporting documents, make sure EVERYTHING is in writing including any response from Management company to present to Judge.

While I don't advocate lawsuits I do advocate HOA's taking responsibility for what is their requirements and not for Management Companies telling us Homeowners what is covered or not covered by the CC&R's and bylaws of the Assocation.

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