Delay in Repairs and Painting Refusal

[annieoak]

What is the name of your state?What is the name of your state? New York (Rochester area)
Two issues:

1) There is a 2" lip on the edge of my sidewalk coming in. Many people have tripped on it. I have sent 5 letters beginning March 7 and it is still not fixed. The HOA Board did not approve its repair until July. I am being told it will be repaired "sometime this summer". What can a person do if repairs take an unacceptably long period of time to repair or to get a response from their board?

2) My HOA and their Mgt. Co. informs me that they will not be painting my garage door any longer because it is in such poor condition that they are "afraid that their paint brushes might damage it further". They said it was made with a poor composite material and that's why its condition has deteriorated. My stand is that the door was never properly scraped, oil primed and painted when touch-ups were needed throughout the life of the door (20 years), and that's why it looks like it does. I even witnessed a "professional painter" (actually, a teenager) just applying paint over blistered, cracked paint on the neighbor's garage door. The mgt. co. informed me that I have to get a new vinyl door. I feel they are forcing people to do so to relieve themselves of additional maintenance, even though they just raised our monthly fee AGAIN. I can't afford a new door and I don't feel it should be MY responsibility due to their lack of maintenance over the past 20 years. P.S. I can't find anything in the CC&R that says they can refuse to do repairs on their property, however, it does state that they are not responsible for the replacement of any doors.
Has anyone ever submitted the "Co-ops, Condos & Homeowners Association Complaint Form" to the NY Attorney General's office with a good outcome?
Do I have any recourse? Thanks for your help!!

[HomeGuru]

Originally Posted by annieoak

What is the name of your state?What is the name of your state? New York (Rochester area)
Two issues:

1) There is a 2" lip on the edge of my sidewalk coming in. Many people have tripped on it. I have sent 5 letters beginning March 7 and it is still not fixed. The HOA Board did not approve its repair until July. I am being told it will be repaired "sometime this summer". What can a person do if repairs take an unacceptably long period of time to repair or to get a response from their board?

2) My HOA and their Mgt. Co. informs me that they will not be painting my garage door any longer because it is in such poor condition that they are "afraid that their paint brushes might damage it further". They said it was made with a poor composite material and that's why its condition has deteriorated. My stand is that the door was never properly scraped, oil primed and painted when touch-ups were needed throughout the life of the door (20 years), and that's why it looks like it does. I even witnessed a "professional painter" (actually, a teenager) just applying paint over blistered, cracked paint on the neighbor's garage door. The mgt. co. informed me that I have to get a new vinyl door. I feel they are forcing people to do so to relieve themselves of additional maintenance, even though they just raised our monthly fee AGAIN. I can't afford a new door and I don't feel it should be MY responsibility due to their lack of maintenance over the past 20 years. P.S. I can't find anything in the CC&R that says they can refuse to do repairs on their property, however, it does state that they are not responsible for the replacement of any doors.
Has anyone ever submitted the "Co-ops, Condos & Homeowners Association Complaint Form" to the NY Attorney General's office with a good outcome?
Do I have any recourse? Thanks for your help!!

**A: time to hire an attorney.

[Jane K]

Same problem in California. CC&Rs state Association will maintain, owner responsible for replacement (certain parts of exterior) This seems to me a big 'catch-22' I asked for some paint and seal and the Board said no, replace first. I say it hasn't been properly maintained that's why it needs to be replaced.
The optimum is for the Association to vote to make replacement the responsibility of the Association, not the individual homeowner although it will cost us much more in fees. I believe when it comes time to paint (soon) this is going to be one BIG can of worms.