Category Archives: HOA

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!

Jersey Co-op Unit Owner Strong-armed into Questionable Repairs

L.S. from New Jersey writes:

Dear Mister Condo,

I have unit in a large co-op (almost 500 units) which is rented out. The Manager of the co-op is pushing me into renovation of 2 bathrooms in this unit. The claim is that high moisture reading in adjacent hallway is caused by my bathroom. The reading of moisture is provided by co-op engineer who does what Manager wants. The Board doesn’t want to help. The Manager has only 2 approved contractors who do all work in co-op and gets paid from them (no proof, all cash). The Manager has same bullying background and law suit from previous work place (co-op) requesting unit owners to do unnecessary repairs and getting kickback.  Both bathrooms have no visible defects and look perfect from inside. What can I do? The Board doesn’t respond to my complaints. I wrote to them showing Manager’s background. All correspondence goes through Manager. Is there any organization that protects unit owners in co-op in NJ?

Mister Condo replies:

L.S., thank you for writing. I am sorry for your situation. I am not an attorney so I cannot offer you legal advice. You are describing a particularly legal situation that may very well require legal action to settle. Further, since the Board isn’t amenable to take your side and question the tactics of the Property Manager, that leaves you alone in your battle. If you can’t afford an attorney to represent your best interests you may have little other practical choice but to sell the unit and buy elsewhere.

In NJ, the Department of Community Affairs is tasked with investigating allegations of HOA abuse, which this may fall under. Their website is http://www.nj.gov/dca/divisions/dhcr/ and I encourage you to look there and see if there isn’t a resource to assist you. Good luck!

Partial Unit Repair Leaves Condo Owner Vulnerable to More Damage

T.N. from outside of Connecticut writes:

Dear Mister Condo,

Hi, I have been having issues dealing with my association property management in resolving in what I consider emergency situations. Would you consider a roof leak an emergency situation? It is the HOA’s responsibility to maintain the exterior and roof of the condo complex. During a 2014 rain storm, the roof leaked. The association tore the wet walls down but failed to call anyone out to tarp or cover the roof resulting in further leak into the condo from the opened walls when the following storm arrived soon after. After some stressful and emotional fighting with the HOA they finally fixed the roof leaving me with the interior damage repair. About one year later another roof leak occurred and the association tells me that they cannot get anyone out to temporarily stop the leak while it is raining due to unsafe conditions and that I am not the only one waiting to get their roof fixed. It is forecasted to storm for a couple of days. They have the audacity to say that if it keeps raining they will not be able to get anyone out to do anything until it stops raining and if it rains for a week it will be a week before anything is done. They even have the audacity to say that any further damage resulting will be dealt with later. I had to call a roofer out myself and pay the up-front fee to tarp the roof to prevent further ingress of water into my unit. I feel like I am being bullied by my own association. I learned from the first situation to take photos and document all calls and summarize them. Can you provide any insight to the situation proposed?

Mister Condo replies:

T.N., I am truly sorry for the damage your unit has sustained. I am further sorry that your HOA did not do more to remedy your situation at the time of the intrusion and subsequent damage. Alas, this is what insurance and lawsuits are for. I am guessing your personal insurer was advised and paid for whatever damage occurred inside of your unit. However, insurance companies often draw the line at repeated claims for the same type of damage, especially when it could have been prevented had the association taken swifter action, according to your account of events. This is typically where the attorneys come in. You hire one to represent you, the association hires one to represent them and the two either reach a settlement or head to court. There are some associations and states that require mediation or alternative dispute resolution to resolve the matter but my best advice to you is to consult with an attorney knowledgeable about your state’s laws and get the settlement process under way. At the very least, it may be a wake-up call to your HOA Board of Directors to treat these types of urgent repairs with more speed than how yours was handled. Unsafe conditions may have made the remediation difficult but I think there is more at play here that merits further investigation. Good luck!