Exterior Repairs by HOA

[altaview]

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?

[HomeGuru]

Originally Posted by altaview

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.

[zimtekcom]

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