+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    altaview is offline Junior Member
    Join Date
    Nov 2008
    Posts
    1

    Exterior Repairs by HOA

    HOA is responsible for exteriors repairs and maintenance (roofing, siding, stucco, mowing, snow removal). The cedar shingle siding on the front of our condo has rotted out and the condo association claims that the repair( possibly $ 200.00) has to be approved by the board. In Ohio, are condo associations required by law to keep an escrow account for emergencies and small repairs. We are trying to sell and a prospective buyer has questioned the efforts of the association, which may keep them from making an offer/buying.. We have made numerous requests for these repairs in the past weeks. The association officers are very non responsive and evasive. Are there legal techniques that we can apply to force the association into action, and, can they be held liable for our loss, if in fact, the potential buyer specifies that this is the cause of them not buying?
  2. #2
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Quote Originally Posted by altaview View Post
    HOA is responsible for exteriors repairs and maintenance (roofing, siding, stucco, mowing, snow removal). The cedar shingle siding on the front of our condo has rotted out and the condo association claims that the repair( possibly $ 200.00) has to be approved by the board. In Ohio, are condo associations required by law to keep an escrow account for emergencies and small repairs. We are trying to sell and a prospective buyer has questioned the efforts of the association, which may keep them from making an offer/buying.. We have made numerous requests for these repairs in the past weeks. The association officers are very non responsive and evasive. Are there legal techniques that we can apply to force the association into action, and, can they be held liable for our loss, if in fact, the potential buyer specifies that this is the cause of them not buying?
    **A: welome to the world of HOA living. Offer to pay the $200 to fix and the Board can pay you back when they get around to approving. If the Buyer walks because of a $200 repair then they were not serious Buyers anyway.
  3. #3
    zimtekcom is offline Junior Member
    Join Date
    Dec 2008
    Posts
    4

    Caution, ...authorized to make such exterior common area repairs.

    Caution, it's very unlikely that you are legally authorized to make such exterior common area repairs yourself, or do the hiring of a contractor, as you do not own the exterior of your building (the building Envelope is common area), you only own a percentage of it... You could actually open yourself to legal action by the association... Carefully Read your CC&R's!!!

    As Our Association President (and lots of rain here), it's not just your shingles that I'm worried about.. it's the potential rot in the substructure (also common area) that may lead to a huge hidden expense if not detected and repaired properly. All of this whether major or minor is the responsibility of the Association. Keep written records of all communications regarding your written requests for repair. If you have not made any written requests for repair as of yet do so immediately, because without them you may not have a legal leg to stand on.

    If your association has professional management, contact them directly because they quite often are more responsive than an association board, and may be able to convince the board to expedite your repairs as an emergency repair. Do emphasize the rot potential... And finally if you can get no satisfaction, I'd recommend having an attorney or proper legal counsel write a carefully crafted letter reminding the association exactly what the association's responsibility is and demand the specific performance of repairing your building, the specific repair of which is impacting the sale of your unit.

    Do remember that these things do take a little time as the Board is most likely a group of uncompensated relatively inexperienced Volunteers... so if you must scream and shout, try to direct your frustration at the Management Company who should be the ones to contact and hire the contractors for the repair once they get the "go ahead" by the board.

    Good Luck.

    --Bill Zimmerman--
    President, Home Owner's Association
    Horizon View Condominiums
    Seattle, WA
    Last edited by zimtekcom; 12-08-2008 at 04:59 AM. Reason: added thought...

Similar Threads

  1. Hiring an Exterior Painter
    By denverguy72 in forum Construction & Renovation
    Replies: 1
    Last Post: 08-18-2011, 10:28 PM
  2. Replies: 2
    Last Post: 02-29-2008, 06:03 PM
  3. cracked exterior masonry
    By real_cheep in forum Construction & Renovation
    Replies: 2
    Last Post: 05-26-2005, 01:26 PM
  4. Exterior Repairs Needed For Condo- who is responsible??
    By amoosa17 in forum Buying & Selling a Home
    Replies: 1
    Last Post: 08-13-2004, 01:12 PM
  5. exterior stucco problem
    By LauraM in forum Construction & Renovation
    Replies: 3
    Last Post: 06-13-2001, 08:25 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.