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| Monday, December 01, 2008
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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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cpoulin
(Colorado)
Posts:35
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| 02/19/2006 9:58 AM |
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Recently a portion of fencing and a brick pillar was damaged by vandals, to the fencing that surrounds our development.
I reported the incident to the management company and was informed that the management company has decided to not replace the brick pillar and only put fence back up.
In the covenants it states:
Repair and reconstruciton of the improvements as used in the succeeding subparagraphs means restoring the improvement to substantially the same condition in which it existed prior to the damage, with each Unit and General and Limited Common Elements having substantially the same vertical and horizontal boundaries as before, and all improvements being reconstructed or repaired in substantial conformance with the Projects original architectural plan and scheme to the extent then reasonably and economically feasible.
If I understand this correctly, the management company would be changing the structure or design of the original Common Elements and that would be in conflict with the covenants. Also, shouldn't this matter be presented to all board members and a vote be taken as opposed to just advising the board.
Please help me with regard to this matter, since I feel as a board member and resident that we should abide by the covenants and not just what the management company advises. Thank you for any help offered.
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cpoulin
(Colorado)
Posts:35
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| 02/19/2006 10:14 AM |
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I forgot to add:
Shouldn't this damage be submitted to the insurance company to collect funds to help with replacement costs so the Reserves funds won't have to be used?
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RogerB
(Colorado)
Posts:3701
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| 02/19/2006 2:49 PM |
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cpoulin, why would your board allow the management company to make this decision? The board should be in control and make such decisions. The Insurance carrier should be contacted and bids for the repairs obtained. The decision to file an insurance claim depends on how much insurance pays vs. how much this will increase the insurance premium in the future.
Armed with the costs involved to the HOA, board can decide whether to repair to previous condition or modify. A change should require approval of your Architectural committee.
Everyone, particularly the board and the MC should be in compliance with the Covenants.
RogerB |
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Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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HankL
(Maryland)
Posts:47
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| 02/20/2006 3:06 PM |
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Submit a claim to insurance? YES
Management company making such decisions? NO
"No changes" generally refers to the individual lots, not common area, where Boards make changes and improvements for the benefit of all owners and prospective sellers. If the damaged pillar is opposite a good one, then it should be rebuilt for continuity. Put the Management Company in its place as far as decisions go. A weak board and a strong management agent will lead to any of various quicksand-like situations. |
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