Does the HOA Have a Say in Who I Hire for My Own Basement Repair?

mc_scales

B.R. from outside of Connecticut writes:

Dear Mister Condo,

Can a condo HOA force me to use their maintenance person as a contractor to repair something inside my own unit? I have a problem in the basement with moisture on the wall. It is not clear whether it is coming from my unit, another unit, or a common element. It’s not a very big spot, but I am concerned that it be repaired correctly and safely as to not create a bigger problem. I’d prefer to hire a licensed contractor that I trust to investigate the problem. The HOA keeps acting like they can tell me I can’t do this or that I need some sort of approval unless I use their person. It is my understanding that as long as my investigation/repair doesn’t involve something clearly indicated as a common element, they really have no say in this? Am I mistaken?

Mister Condo replies:

B.R., determining who has ownership of the basement and all of the components that go into a basement within an HOA can be challenging. Does your basement abut to a neighbor’s basement where you share a wall? Do common utilities run through your basement? Do you have a sump pump that dries more than your unit? Depending on the nature of the work being done, it is possible that the HOA does not have a say other than to require you to provide a license and proof of insurance for the contractor before work begins. Sometimes, it is just simpler to use their preferred contractor because the contractor has inside knowledge of how the buildings were built and how they run best. Your water spot may be something their contractor has seen a dozen times and knows what the likely culprit and remedy are. In that case, they HOA may actually be doing you a favor by having you use their contractor. One final caveat is to review your HOA governance documents. It should spell out when you need to use an association-approved contractor. My final piece of advice is just practical. If this is not a very big spot and likely a small repair, if any, why not just go with the HOA’s suggested contractor? I can’t imagine this is going to be a very big deal one way or the other. Hope it all works out for you.

3 thoughts on “Does the HOA Have a Say in Who I Hire for My Own Basement Repair?

  1. Problem; he stated that the HOA wants him to use their MAINTENCE person not thei contractor. Using their MAINTENCE person creates other problems and I would wonder they want to use him/her instead of a contractor as required. Sounds fishy

  2. The real issue is boundaries — where does the unit end, and where do the common elements begin. If utilities are under the floor, chances are that the area is common area, and not privately owned. Look for Boundaries in the CC&Rs to define the line.

    ET

  3. Consider asking the HOA’s contractor to provide you with a bid and detailed description of what he is proposing to do. Go to your contractor and ask for the same thing. If either the price of the proposed work is vastly different ask the HOA’s contractor why and talk to the Board.

Leave a Reply

Your email address will not be published. Required fields are marked *