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Contractor vs Owner Rights HOA Repair

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Pedas2

Junior Member
What is the name of your state?Arizona

HOA will be paying for the repair of ceiling beams in some areas of my condo. Unit must be vacated and occupancy will only be permitted after inspector approves. Repairs will be conducted when forecasted outdoor high temperatures are around 100 degrees Fahrenheit. Does HOA contractor or owner via instruction have the authority to control the thermostat setting of the air conditioning unit? Suppose an owner does not want contractor to turn on a/c that owner pays utility bill for. Does owner have the legal authority to make contractor work with no air conditioning? Is owner at mercy of contractor if they leave a/c and lights on overnight when not working?
 


Taxing Matters

Overtaxed Member
Suppose an owner does not want contractor to turn on a/c that owner pays utility bill for. Does owner have the legal authority to make contractor work with no air conditioning? Is owner at mercy of contractor if they leave a/c and lights on overnight when not working?
Let's start with this: the answer to that question is no, you cannot force the contractor to work in conditions that may be 100ºF or more. If you try to require that, the contractor can refuse to do the work and your HOA may then say if you won't let them work with the a/c on then you can pay for the repairs yourself.

Does HOA contractor or owner via instruction have the authority to control the thermostat setting of the air conditioning unit?
So with the above in mind, the answer to your question about what the thermostat should be set at during the work is something you, the HOA, and contractor need to come to an agreement about.

How many days will this work take? If the work will be done fairly quickly then I'm not seeing why paying a bit for a/c for the contractor to be comfortable during the work would be a big deal. Sure, it would cost you a bit more in electricity but it can also help to ensure that the work is done better. People tend not to do as good a job at things when they are uncomfortable, and particularly if they are feeling overheated. So I see it as a bit of a pennywise, dollar foolish kind of situation.
 

Just Blue

Senior Member
What is the name of your state?Arizona

HOA will be paying for the repair of ceiling beams in some areas of my condo. Unit must be vacated and occupancy will only be permitted after inspector approves. Repairs will be conducted when forecasted outdoor high temperatures are around 100 degrees Fahrenheit. Does HOA contractor or owner via instruction have the authority to control the thermostat setting of the air conditioning unit? Suppose an owner does not want contractor to turn on a/c that owner pays utility bill for. Does owner have the legal authority to make contractor work with no air conditioning? Is owner at mercy of contractor if they leave a/c and lights on overnight when not working?
Wow.
 

festival

Member
Learn how to read your electric meter, and your bill, then read it before and after the work. Ask the association for reimbursement of actual usage. Will they reimburse you?
 

Zigner

Senior Member, Non-Attorney
Learn how to read your electric meter, and your bill, then read it before and after the work. Ask the association for reimbursement of actual usage. Will they reimburse you?
That's not valid. The OP, if not required to vacate, would be running the a/c anyway. How can the OP show any excess usage?
 

Just Blue

Senior Member
Learn how to read your electric meter, and your bill, then read it before and after the work. Ask the association for reimbursement of actual usage. Will they reimburse you?
Yeah...all 1.62 worth of electric used so that the people fixing OP's home don't get heat stroke. Whatta guy. :rolleyes:
 

Pedas2

Junior Member
Repairs will take several days and utility rates are high per kilowatt hour in summer. Could find no Arizona statute governing A/C for contractors.
 

Pedas2

Junior Member
Let's start with this: the answer to that question is no, you cannot force the contractor to work in conditions that may be 100ºF or more. If you try to require that, the contractor can refuse to do the work and your HOA may then say if you won't let them work with the a/c on then you can pay for the repairs yourself.



So with the above in mind, the answer to your question about what the thermostat should be set at during the work is something you, the HOA, and contractor need to come to an agreement about.

How many days will this work take? If the work will be done fairly quickly then I'm not seeing why paying a bit for a/c for the contractor to be comfortable during the work would be a big deal. Sure, it would cost you a bit more in electricity but it can also help to ensure that the work is done better. People tend not to do as good a job at things when they are uncomfortable, and particularly if they are feeling overheated. So I see it as a bit of a pennywise, dollar foolish kind of situation.
You'd be running the A/C anyway...

Yes, I personally would, but who knows what the contractor feels comfortable at vs me. Summer utility rates are high.
 

zddoodah

Active Member
The bottom line is that there is no law that governs this. Your HOA by-laws and CC&Rs might have something to say about it, but I'd guess it's unlikely. And, as many folks have noted, expecting a contractor to work indoors without a/c during the summer in Arizona is lunacy.


Repairs will take several days
Then it won't be any burden for you to stop by at the end of each work day to make sure the thermostat is where you want it.
 

Zigner

Senior Member, Non-Attorney
Owners required to vacate, so very easy to tell excess usage.
SMH
"Excess usage" is the amount of electricity for the A/C that the contractor would use that is over and above the electricity that you would use for the same period of time if you were there. There is no way you could prove what that would be...and even if you could, as was pointed out above, we're talking about what amounts to pocket change.

Mountain, meet molehill.
 
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