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  #1  
Old 01-07-2005, 06:29 AM
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Join Date: Jan 2005
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Boards Decision Gives Unfair Rent Advantage


What is the name of your state? North Carolina
I belong to an association that consists of 40 cabanas on the beach of Hatteras, NC. A year and half ago, Hurricane Isabel came through and destroyed all but 11 cabanas. We are still trying to get back up and running. Originally all the cabanas were sided in cedar. Because of the new building codes, 14 of the cabanas being rebuilt, can not be sided in cedar because they are too close together. Our Board of Directors voted to have Hardi Plank put on them instead. These look fantastic! They're Colonial Grey with white trim. Next to them the original cabanas look awful. The board also decided to side the remaining 15 cabanas being rebuilt in the Hardi Plank. They did this because they look nicer and our by-laws state that the cabanas need to look the same. This same Board does not want to re-side the standing units. We as an association were underinsured. We will be forced to take out some kind of loan to help with the rebuilding of the office and the grounds and the Board doesn't want to take out any more than they feel is necessary. (what about the all cabanas need to look the same). When we have our re-opening, there will be 29 new cabanas that look great and 11 original cabanas in various shades of weather cedar. This will not only reduce the property value of the association as a whole, but will affect the rental potential for the original cabanas. Can an Association be allowed to make a decision that will have a definate negative rental impact on some of its members while having a definate positive rental impact on the rest? What can I do to make them re-side all the cabanas.
Can someone help me?

Last edited by SUNNY RAYE; 01-07-2005 at 06:33 AM.
  #2  
Old 01-07-2005, 04:26 PM
seniorjudge
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"Can someone help me?"

Run for the board. Political power is great!
  #3  
Old 01-08-2005, 12:00 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by SUNNY RAYE
What is the name of your state? North Carolina
I belong to an association that consists of 40 cabanas on the beach of Hatteras, NC. A year and half ago, Hurricane Isabel came through and destroyed all but 11 cabanas. We are still trying to get back up and running. Originally all the cabanas were sided in cedar. Because of the new building codes, 14 of the cabanas being rebuilt, can not be sided in cedar because they are too close together. Our Board of Directors voted to have Hardi Plank put on them instead. These look fantastic! They're Colonial Grey with white trim. Next to them the original cabanas look awful. The board also decided to side the remaining 15 cabanas being rebuilt in the Hardi Plank. They did this because they look nicer and our by-laws state that the cabanas need to look the same. This same Board does not want to re-side the standing units. We as an association were underinsured. We will be forced to take out some kind of loan to help with the rebuilding of the office and the grounds and the Board doesn't want to take out any more than they feel is necessary. (what about the all cabanas need to look the same). When we have our re-opening, there will be 29 new cabanas that look great and 11 original cabanas in various shades of weather cedar. This will not only reduce the property value of the association as a whole, but will affect the rental potential for the original cabanas. Can an Association be allowed to make a decision that will have a definate negative rental impact on some of its members while having a definate positive rental impact on the rest? What can I do to make them re-side all the cabanas.
Can someone help me?
**A: you have posed a very interesting situation. Contact the other 11 affected owners and all get together and hire an attorney to give you a legal opinion.
  #4  
Old 01-08-2005, 04:56 PM
seniorjudge
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Quote:
Originally Posted by HomeGuru
**A: you have posed a very interesting situation. Contact the other 11 affected owners and all get together and hire an attorney to give you a legal opinion.
I agree. Please post back with the results. Thank you.
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