Category Archives: HOA

Turning a 2-Bedroom Condo into a 3-Bedroom Unit

M.M. from outside of Connecticut writes:

Dear Mister Condo,

We are considering buying a condo which has 2 bedrooms. We thought to set the kids in the bedrooms and transform the dining room into our “bedroom”. We were thinking to install some sliding doors to enclose the dining room – they could be just sliding on the ceiling, no need for railing on the floor. We just need some privacy as adults, but we are not fussy. Anything simple, practical would do. However, after reading online that permission needs to be asked for everything from HOA, we are a bit skeptical they would allow sliding doors. Then we thought about using IKEA tall bookcases, or even heavy curtains as dividers. What do you think would be our best bet? Does any idea above not need approval from HOA? Thank you!

Mister Condo replies:

M.M., by design, this 2-bedroom condo has two bedrooms. You are attempting to turn it into a three-bedroom unit. My first instinct is to tell you to simply look for three-bedroom unit so you don’t need to alter the unit in any way, regardless of the permission required by the HOA. HOA restrictions are in place for a few reasons. People purchase into an HOA with an expectation that the HOA rules will be observed by residents and enforced by the Board of Directors and/or their assigns such as the Management Company. If you can find a way to live comfortably in this unit without breaking any of the HOA covenants, then you should be good to go. However, consider the long-term ramification of giving up a dining room or needing to live behind a bookcase instead of a walled-off room as is typical for most adults. It seems to me that you simple need a larger unit. Maybe the cost is keeping you from seeking such a unit but I have to question the long-term happiness of you and your family living in a confined space without a dining area. One of the central goals of condo living is a comfortable life style. If you can achieve that without breaking any rules, more power to you. Only you can answer that question. Good luck!

Has the Property Management Company Breached Their Co-op Contract?

A.S. from Fairfield County writes:

Dear Mister Condo,

I moved into a co-op recently. The board hired a new management company. After being unsatisfied with the property manager in place (3 months) the management company suggested we take the receptionist with limited skills and no license/certification as the new property manager. The board agreed for some insane reason and this girl has made it her mission to drive off all of our contractors and service providers to bring in the people the management company uses. There is talk of kickbacks. They have done this on other properties. Every memo, directive, repair or task this girl executes is wrong, mismanaged and just turns out badly. She has offended and outraged a dozen usually nice normal shareholders with her behavior, demands, and stop work orders. She is also the management company owner’s new girlfriend and he obviously wants her on some property. Can she act as property manager with only 1 ten-hour online class and zero experience in construction, property management, facilities, etc.? The contract between the co-op and the management company states we have a property manager, a receptionist and an Acct Exec. They are in default of their contract, correct? Please let us know.

Mister Condo replies:

A.S., you have made a lot of accusations here and, if true, are certainly worth contacting the association’s attorney to discuss. Breaking a management company contract for an association of your size is no simple matter. Just because you claim the management company is in default does not mean that they are. You would need to be prepared to prove it, very likely in court, as the management company would be likely to sue for breaking of the contract. My best advice to you is to speak with the association attorney. As for the Board’s “insane reason” to agree with the management’s company proposal to use a secretary as the property manager, it is time to call them to task for making such a decision. The Board is comprised of elected members. They can be recalled or voted out of office at the next election cycle. People that use “insane reasoning” have no business representing the financial interests of co-op owners. This is very real money of the co-op owners they are spending and protecting. They need to behave like the Board of any business and make decisions that are in the best interest of all shareholders. It would appear to me that they have shown exceptionally poor judgment in this matter. Of course, that also means you need to be ready with a slate of new volunteers to serve on the Board. Without that, this Board may continue to serve the association poorly. In that case, putting the blame on the management company is only half correct. Good luck!

Who Pays for Storm-Damaged Gutters Installed by HOA Home’s Previous Owner?

J.D. from outside of Connecticut writes:

Dear Mister Condo,

Gutters were installed by previous owner and we’re damaged by a common area tree from a storm. Who is responsible for replacement and costs?

Mister Condo replies:

J.D., since the gutters were installed by a previous owner it is likely the current owner (you) who is responsible. However, it is certainly worth a call or letter to the Board to report the damage and inquire of the HOA’s insurance will cover the damage, especially if it is particularly expensive. If there is a deductible or the repair doesn’t meet the insurance threshold, you will likely be told it is your expense. Finally, check your by-laws. If there is wording that indicates such damage is association responsibility, you may wish to highlight the language and send it along to the Board along with your request for the repair to be paid for by them. If they refuse and you strongly feel you are right, you might wish to speak to an attorney to get a clarification on the rules. If the Board has refused to pay and the dollar amount is not significant enough to seek further remedy, I would suggest you simply make the reapir yourself and continue to enjoy your gutters. Good luck!

HOA Repairs Handled in Untimely Fashion

T.S. from outside of Connecticut writes:

Dear Mister Condo,

I made a request to repair flashing and downspout to our townhome exterior? How long should it take for the repair to be completed? Unit owners are now responsible for exterior insurance coverage.

Mister Condo replies:

T.S., responsiveness to unit owner requests for repairs is a function of several items at HOAs and condominium associations. If the association is professionally managed, there is usually a process of issuing a work order and then the order being fulfilled, either by the management company or the contractor hired to do the work. In self-managed associations, the process is similar although there may not be as robust a response if the work coordination is handled by volunteer Board members who may need time to bid out the work, hire a contractor, and actually get the work done. In both situations, there needs to be ample money available to pay for the work and there may be some bureaucracy that slows the process. For instance, if the repair cost exceeds a threshold for spending that the management company does not have, say $2500 or more, the repair may need to be approved by the Board at the next Board meeting. Depending on how frequently the Board meets, this could be a significant delay. The job may have to be sent for bid, another process that could delay the repair by months. Finally, if the association is cash-strapped and doesn’t have enough money to pay for the repair, the project could be delayed for quite some time. Your job doesn’t sound too complicated or expensive so my guess is you just need to keep on top of the folks who handle the repair. The squeaky wheel usually gets the grease but be polite when you inquire about the delay. My guess is that the repair should be handled within a few months of the request. If not, write to the Board and ask for an explanation of the delay. Keep on top of them until your repair is made. All the best!

HOA Has No Jurisdiction Outside of Association Grounds

K.K. from outside of Connecticut writes:

Dear Mister Condo,

I live in a townhouse HOA. Everyone in the facility is allowed 2 parking spacing, those with more than 2 cars need to apply with the HOA to obtain an extra space as well as pay a fee for the parking permit. To avoid paying the fee and applying to the HOA it seems a majority of the community parks outside of and on the street into the community illegally in some areas. Honestly, it looks horrendous and makes it difficult to pull into and out of the community as it blocks the view of oncoming cars. What can I do about this? Should I call the county about the other owners/tenants parking illegally?

Mister Condo replies:

K.K., I am sorry that you are dealing with a challenging parking situation at your HOA. While the HOA controls much of what happens inside the grounds of the association, they have absolutely no jurisdiction over what happens outside the common grounds. The County officials are your only hope of correcting this problem. If no laws are being broken, there really isn’t anything else you can do about it. All the best!

HOA Wants to Sell Parking Space to Home Owner!

H.G. from New London County writes:

Dear Mister Condo,

Can a homeowners’ association buy little stubs that in the past 50+ years have not been used and simply allowed easy access to parking on either side of two beach property homes and were either owned by no one or owned by the association and force the owner of the home to purchase it ($7k) or risk that someone else will buy it and use for parking between your homes and make parking for us nearly impossible?

Mister Condo replies:

H.G., that is a loaded question if I ever heard one! It is a question that would best be answered by an attorney, which I am not. Who owns the parking spaces? If it is the association, they can very likely handle the access to those spaces however they see fit. Even if they haven’t invoked their right to charge a fee for the past 50+ years as you state, it is still their property. If you own the property, that is a different story. If they are selling you the space for $7,000 and it is then yours to use or sell as you see fit, I would think that is a good investment. Otherwise, as you say, who know who else could buy it and prevent easy parking for you and your guests. Good luck!

Pre-Sale Special Assessment Assigned to Current Condo Owner

K.K. from Florida writes:

Dear Mister Condo,

When I purchased my condo in 2014, I was told no upcoming assessments. Surprise! Last August, I was told assessments for work done will cost me $15k or $155/month for 10 years. Now, I am selling my condo, can the remaining monthly 155 be transferred to buyer?

Mister Condo replies:

K.K., I am sorry you got hit with a “surprise” Special Assessment. In my opinion, there are no “surprise” Special Assessments unless the community experienced an unexpected and/or uninsured loss or a lawsuit that requires an unforeseen infusion of cash. If the assessment were for something as common as a replacement of a roof or to repair old decks or sidewalks, it was no surprise. That being said, the assessment is made against the unit owner at the time of the assessment. That was you. The association has an interest in you making the payments, not the new owner. You will very likely have to pay off the assessment before you can sell the property. It seems unfair but that is how it works. I hope your new home has no surprises like this for you. Good luck!

HOA Sues Owner for Trying to Rescue a Stray Cat

J.H. from Michigan writes:

Dear Mister Condo,

My neighbor accused me of feeding a feral cat. HOA is taking me to court. I was not feeding a feral cat! This female cat was tame, but pregnant. I was feeding the cat in order to catch her. If I had not, there would now be 3 females pregnant by the 2 tomcats roaming the condo complex. I did these people a favor! I bought the food, sat outside with the woman from a rescue organization and caught the mother and two kittens. Can a HOA have ordinances to override the County, City and State laws?

Mister Condo replies:

J.H., I salute your efforts to help but I hope you can understand how dangerous feeding any wild animals can be and the potential risk it puts on the HOA. Your neighbor had no way of knowing what you were up to and reported the behavior to the Board, who took the appropriate action for your rules and by-laws. I cannot imagine that any of their rules override local laws and the answer to that question is “no”, they cannot have rules that conflict with local ordinances. I have to believe that the correct solution to this problem would have been for you to report the stray but tame cat to the association and let them take whatever steps they deem appropriate to remedy the situation. After all, this wasn’t your cat. The person from the rescue organization would have been their likely contact and the same end result could have been achieved without your personal involvement in rescuing the animal. I am sure you meant well and I am guessing you are an animal lover, which I certainly admire. However, in most HOAs, feeding stray or ferial animals, regardless of your intention or their tameness, is prohibited due to the risk of pestilence and/or animal attacks on residents. All the best!

HOA Bills Unit Owner for Repair Team’s Lack of Unit Access

J.C. from outside of Connecticut writes:

Dear Mister Condo,

The unit above me leaked into my garage. The owner happens to be on the Board of Directors. He is having the HOA pay for it. Now, I got a bill from HOA that my tenant was not home for them to do the work.

Mister Condo replies:

J.C., well this is certainly a series of unfortunate events. I am sorry for your troubles. Typically, the association carries insurance for damage caused by your fellow unit owners. The fact that this unit owner serves on the Board of Directors is irrelevant unless you are alleging wrongdoing on the part of the Director. From what you have told me, I do not see any wrongdoing here. The Director is also a unit owner and protected by the same association insurance that you are. The HOA dispatched a repair operation to your unit, which is what they are supposed to do. Was their communication between the HOA, the repair firm, and you or your tenant? If so, and your tenant agreed to be home when the repair team was dispatched yet failed to be there, I can see where the HOA would assess a fee to you for the cost of the repair team not being allowed access to your unit. If there was no communication that a repair team was coming and they are still charging you, I would challenge that fee and maybe even speak to an attorney about the fee to see if it is something you could sue over. Chances are the amount in question is too small to sue over. The bottom line is that you want the repairs to your unit made so work with your HOA to make sure that happens. If your tenant can’t be there, you may have to be there yourself to make sure the repair team has access. All the best!

Homeschooling Condo Unit Owner Seeks to Add Garage Window

A.R. from California writes:

Dear Mister Condo,

I want to add a window in the garage because I homeschool my kids and is too hot inside for them.

Mister Condo replies:

A.R., I appreciate your desire to provide a window for your children as you feel it would help cool your garage, which I gather you are using as a classroom for homeschooling purposes. However, adding items like windows falls squarely under the governance authority of the Board who has to consider the architectural compliance issues that allowing you to do so may create. If you are allowed to add a window to a garage, theoretically all unit owners who asked for the same modification would have to be allowed. That creates a potential nightmare for the Board, who has a duty to keep the community looking in a uniform fashion. You can certainly ask but please respect the decision of the Board in this matter. It isn’t as simple granting your request to assist with your homeschooling efforts; the decision has far-reaching consequences. All the best!