J.W. from Texas writes:
Dear Mister Condo,
We had a burst main water pipe during the recent winter weather. HOA management company wants to use their contractor for the build back, which has no remodeling experience and did a bad job on the tear out. Can HOA force us to use the company they choose? Even if it won’t follow proper water remediation guidelines? (Like treating wood before putting new insulation/drywall). Thank you!
Mister Condo replies:
J.W., I am sorry that your association experienced damage from the terrible storms that plagues your region this past year. As if 2020 hadn’t already been a lousy year! Sounds like you are at odds with decisions being made by the Board and the management company on which contractor will be used to remediate the damage. The good news is that the damage will be repaired. As an individual unit owner, you really don’t have a say in who the association hires to do the repair work. Without seeing the terms of your management agreement, I really can’t say if the Board does either. If the management company agreement gives them the authority to perform the work with contractors of their discretion, that pretty much ends the discussion. If the Board stands up to the management company and explains they will terminate or not renew the management company agreement unless other contractors are considered for this particular repair, there may be some leverage. Otherwise, I hope you and the Board are mindful of this provision in the management agreement and either have the provision removed when the contract comes up for renewal or select a new management company that will allow the Board to select its own contractors for such projects. All the best!