Repair of Limited Common Elements

[dbking217]

What is the name of your state? Texas

A homeowner in our townhouse association purchased their townhouse in mid 2006. Now they have requested repairs to their townhouse. Townhouses have a detached garage with an fully enclosed patio between the townhouse proper and the garage. On the townhouse wall facing the patio, there is rotted siding with probable rotted 2x4's behind. Upon inspecting this damage, it is noted that there is an unapproved patio cover attached to the townhouse. In addition, there is evidence of past "patch-work" repairs which are not up to code with upper seams not covered by the siding above, exposing the siding below to water leakage through the upper seam and behind the siding. In addition, there is a flower bed runing the length of the garage which is built up in the front, but allowing dirt and water to have direct access to the garage wall, sill, etc. This was also not approved. The new homeowner claims that the Association is responsible. I contend that this is damage due to neglect and unapproved altering of the structure by the preivous homeowner. I believe that the repairs are the responsibility of the homeowner to take up with their seller or their home buyers warranty. I have contacted the real estate agent to ask if an allowance was made in the purchase price for these repairs and if this damage was noted on the home inspection report. She has agreed to get back with me on this. However, I believe that the detached garage is a limited or reserved common element for which the homeowner is responsible for upkeep and maintenance. The homeowner's live-in significant other has bid on the work. Because the Board believes it is in the best interest of the Association to have the repairs properly made, we are considering offering $1500 for their materials, etc. to repair the Townhouse wall. This agrees with an independent bid. They want $1800 to do the repairs themselves and they will not guaranty that they won't come back and ask for more if they find "more" rotten wood. Now, I'm thinking about just saying, "tough noogies" to the whole affair. Advice?

[HomeGuru]

Originally Posted by dbking217

What is the name of your state? Texas

A homeowner in our townhouse association purchased their townhouse in mid 2006. Now they have requested repairs to their townhouse. Townhouses have a detached garage with an fully enclosed patio between the townhouse proper and the garage. On the townhouse wall facing the patio, there is rotted siding with probable rotted 2x4's behind. Upon inspecting this damage, it is noted that there is an unapproved patio cover attached to the townhouse. In addition, there is evidence of past "patch-work" repairs which are not up to code with upper seams not covered by the siding above, exposing the siding below to water leakage through the upper seam and behind the siding. In addition, there is a flower bed runing the length of the garage which is built up in the front, but allowing dirt and water to have direct access to the garage wall, sill, etc. This was also not approved. The new homeowner claims that the Association is responsible. I contend that this is damage due to neglect and unapproved altering of the structure by the preivous homeowner. I believe that the repairs are the responsibility of the homeowner to take up with their seller or their home buyers warranty. I have contacted the real estate agent to ask if an allowance was made in the purchase price for these repairs and if this damage was noted on the home inspection report. She has agreed to get back with me on this. However, I believe that the detached garage is a limited or reserved common element for which the homeowner is responsible for upkeep and maintenance. The homeowner's live-in significant other has bid on the work. Because the Board believes it is in the best interest of the Association to have the repairs properly made, we are considering offering $1500 for their materials, etc. to repair the Townhouse wall. This agrees with an independent bid. They want $1800 to do the repairs themselves and they will not guaranty that they won't come back and ask for more if they find "more" rotten wood. Now, I'm thinking about just saying, "tough noogies" to the whole affair. Advice?

**A: get a legal opinion from the HOA legal counsel. The HOA/Board sh ould have been more forceful and put the entire cost on the condo unit owner. And never agree tot have the homeowner complete a "do it yourself" project to the common areas or areas affected by same.

[dbking217]

Thank you for your prompt response. This is just what I had decided to do and it is comforting to have a decision validated. Thank God no offer has been made to the homeowner to date. These were all just possible solutions. Again, my thanks

[HomeGuru]

Originally Posted by dbking217

Thank you for your prompt response. This is just what I had decided to do and it is comforting to have a decision validated. Thank God no offer has been made to the homeowner to date. These were all just possible solutions. Again, my thanks

**A: good luck.