Common element maintenance

Started by KyleP • 5 replies • 1571 views

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KyleP (Florida)
Posts: 26

Posted:

Hi,
I have a question regarding having the homeowners repairing some of the issues themselves. Our HOA docs specifically delegate the maintenance issues, between ownwer and association. We currently have an issue with maintenance of common element which is maintained and repaired ONLY by HOA. HOA docs also say no changes can be made to maintenance and repair issues w/o membership vote and approval. HOA doc also say that all parties are obligated to follow governing docs. I would question whether it is legal or if there are liability issues surrounding the HOA asking
the owners to make repairs to property that the HOA is obligated to maintain and insured for? If I repair a common element and the repair fails or makes an issue worse than I become liable, don't I?

GlenL (Ohio)
Posts: 5,491

Posted:

Can you be a little bit more specific in what type of repairs to the common element you are talking about. There is a big difference from painting dumpster enclosures (which a volunteer group of H/O's here have done) to making structural repairs.

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EllieD (Vermont)
Posts: 446

Posted:

Also, Kyle, are you a HOA of single family stand alone homes or a Condominium Association?

KyleP (Florida)
Posts: 26

Posted:

We are a condo association and it is concrete slab repair of basement slab (common element).

EllieD (Vermont)
Posts: 446

Posted:

Kyle, You wrote that homeowners (condo owners) were repairing some issues themselves – WHY?

Were these problems brought to the attention of the Board?

What sort of Common Element concrete repair – not that it really makes a difference – except that anything beyond just “filling” a very small minor crack – is cause for concern as you wrote, if not done by a contractor working for the Association.

Were these repairs made with or without permission from the Board? Are you on the Board?

TimB4 (Tennessee)
Posts: 21,047

Posted:

With the number of Posts indicating zero and the fact that when you quote the posts it shows that the quote was posted by "n/a" I suspect that Kyle terminated his membership. However, in case he didn't, I offer the following:

Quote:

Posted By n/a on 01/16/2012 12:09 PM

I would question whether it is legal or if there are liability issues surrounding the HOA asking
the owners to make repairs to property that the HOA is obligated to maintain and insured for?

I am not an attorney and I do not work within the legal profession. There are liability issues when any work is accomplished. Determining if all the liability is on one individual or divided amongst many individuals is the function of the courts.

Quote:

Posted By n/a on 01/16/2012 12:09 PM

If I repair a common element and the repair fails or makes an issue worse than I become liable, don't I?

If you wanted to repair something in the common area, you should first gain permission from the Association. Once permission is granted, you should ask if there are any standards that are required in doing the repair an you should get a response in writing. You should use those standards to solicit bids. When the work is done, you should ask that the Association inspects the work and send you an acknowledgement letter that the work was done to their standards.

This is the only way I can think of that might insulate you from any liability if something happens.

Hope this helps,

Tim

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