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| Friday, November 21, 2008
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| Author |
Messages |
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WilliamW
(Florida)
Posts:11
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| 04/19/2006 4:53 AM |
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Our documents state that our Association is responsible for certain roof maintenance and one of these items is the "roof trusses." We have a homeowner who has many years experience as a home builder and is making a request to repair a faulty truss at his home. He wants to be paid for the repair and four of our board members have approved this request. We have a five member board. Four of our board members voted to approve his request I am the board member that voted against this for the following reasons.
I feel the Association would be exposing itself to legal action
even though he has volunteered to sign a waiver that if he is
injured in any way during the repair he will not hold the
Association libel.
We require all contractors hired by the Association to show proof
of license and insurance. This owner has no such documents.
What happens if this owner sells his home after he repairs the
roof truss and the roof truss fails and someone is injured?
Now won't this open the door for all homeowners living at our
Association who feel they are handy and want to start repairing
things at their home that the Association was previously doing
using a licensed and insured contractor. Of course, they would
want to be paid for their work.
I am sure there are additional caveats that do not come to mind
at this writing.
I need some opinions please.
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RogerB
(Colorado)
Posts:3694
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| 04/19/2006 7:17 AM |
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William, the Board approved this, so accept their decision. Your concerns can be documented by making sure the minutes reflect you voted against it.
It is up to the Board to decide on qualified contractors based on bids. If he signs a waiver and knowing he is an experienced home builder I would have no problem hiring him IF his bid is the lowest. IMHO there is nothing wrong with allowing homeowners to bid on jobs. HOAs often allow homeowners to do minor repairs, such as fence maintenance, and reimburse them for the cost of materials. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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WilliamW
(Florida)
Posts:11
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| 04/19/2006 7:45 AM |
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RogerB
Thank you, for your reply. However, I still feel we can be libel for this situation even if we obtain a waiver holding the Association harmless. I have a strong feeling that somewhere in HOA or CONDO land this type of thing was granted and ill winds blew shortly after. I would appreciate some more replys from others. |
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LisaS
(Illinois)
Posts:339
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| 04/23/2006 9:03 AM |
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I agree with both of you...however I feel that it is appropriate only if the owner in question is professional, licensed, and insured for the work he will do.
As a truss is a matter of safety and must comply to building code, it is imperative that the homeowner be held to the same standard as any other contractor.
Lisa
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WilliamW
(Florida)
Posts:11
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| 04/24/2006 3:02 PM |
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I have now checked with an attorney regarding this situation. He informed me that areas that the association is responsible for and need repair should be done by a licensed and insured contractor. If the person who resides at our HOA wants to pay for a license and obtain insurance he can bid on the job if he so pleases. However, it is still up to the board to decide who will perform the work.
Thank you, to those who added their comments to this thread. |
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JanetS
(Arizona)
Posts:14
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| 04/28/2006 9:02 AM |
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I beleive if a homeowner makes his own repairs, such as putting on a new roof, the association is not responsible for repairing any leaks, or shingles in the future. Make the homeowner sign a waiver to that effect, releaving the association from any responsibilites.
JanetS |
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