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Subject: Garage door
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PamG4
(California)

Posts:3


04/11/2019 2:17 PM  
I am a member of a HOA and currently struggling with a citation for our garage door. Under our CC&Rs, owner is to maintain all the hardwares and the HoA maintain and repair the external surface, including the painting thereof. Now I backed into the door a few years ago and the door was repaired and currently operated without any problems. The two lower panes have some minor dents on it but there is no rust or mechanical problem. They have wrongfully cited us for not keeping our door “neat, clean, and attractive” and would like us to replace the entire door. However this explicitly applies to exclusive use areas (patio/deck) not doors. We requested that they give us a proper citation so that we can move forward. We have got no real response and now apparently some document is being set from their legal. I think they are claiming that since the we the owner cause the damage, we are responsible for the cost of the repair/replacement.... which we have, just not to original condition.

My question is what is our obligations as to “maintaining” the door. It is operational and not structurally compromised. There is nothing on the documents regard to “beauty clause” except that we have to maintain the entire general property in “good repair”. Can they make us do it just because they want to? We are not demanding that they fix it. We are actually in escrow and the door passed physical contingency with no comments attached. (The dents were disclosed). Therefore, our buyers are not requesting this repair as well as physician contingency has already been lifted.

What am I missing??? 😬
TimB4
(Virginia)

Posts:16360


04/11/2019 3:47 PM  
Posted By PamG4 on 04/11/2019 2:17 PM

I think they are claiming that since the we the owner cause the damage, we are responsible for the cost of the repair/replacement.... which we have, just not to original condition.




I think you answered your own question.

Since your selling, the HOA doesn't want the fight with the new owner.


PamG4
(California)

Posts:3


04/11/2019 4:23 PM  
I guess my question is what is the standard industry expectation in term of garage door repair? That is becomes dent free?
KerryL1
(California)

Posts:6350


04/11/2019 4:33 PM  
Your docs, Pam say, you'll maintain the entire general property in “good repair”. To me that means dent-free. Don't know if there's an industry standard, but our condo balconies must have a "good appearance," which also is kinda vague. Still, moat would agree that bent balcony rails that can be seen by other units' residents, wouldn't be in a "good appearance" or" good repair."
JohnT38
(South Carolina)

Posts:41


04/11/2019 4:50 PM  
Forget about what is right or wrong for a minute. The real questions are:

1.) Do you want to sell your house now? If so replace the door.
2.) What's cheaper? Replacing the door or hiring a lawyer?

Sometimes you have to choose your battles, wisely regardless of how you feel, and in this case it may be prudent to replace the door. It's your call...

John
GeorgeS21
(Florida)

Posts:1227


04/11/2019 8:50 PM  
C’mon, having a dented garage door, and expecting others to think it is in good repair, is nutty.
RichardP13
(California)

Posts:3596


04/11/2019 9:29 PM  
Unless the HOA presents to escrow a document saying that there is a violation against the unit, it will be up to the new owner to comply with the HOA. It was disclosedd to the new owner and passed.

Been there, Done that
PamG4
(California)

Posts:3


04/11/2019 9:38 PM  
Just to put it in perspective though, we have signatures from all Our neighbors in the drive way that they do not believe the damage to be a problem. We needed to point out the dents to majority of them.
LetA
(Nevada)

Posts:694


04/11/2019 11:56 PM  
Pam, your soon to be EX HOA is overly picky, save the aggravation to yourself and the new owner and just replace the dented panels. Give the new owner a piece of mind moving in. Something like this will come back to bite you, and it will be more costly then.
GenoS
(Florida)

Posts:2960


04/12/2019 3:25 AM  
Posted By PamG4 on 04/11/2019 4:23 PM
I guess my question is what is the standard industry expectation in term of garage door repair? That is becomes dent free?


Dent-free sounds good to me.
JohnC46
(South Carolina)

Posts:8347


04/12/2019 4:28 AM  
PAM

You damaged the door. You fix it. Our HOA is responsible for the outside shell of ones homes but only for normal wear and tear. You damage something, you pay for repair.
RoyalP
(South Carolina)

Posts:770


04/12/2019 6:41 AM  
..... which we have, just not to original condition. .....


1) you said it, not i

2) a 'proper' repair should be invisible


? did you have the door repaired or merely 'patched' ?




sheez ... simply comply with your contract / covenant and RESTORE the door, not merely patch it


or


as you seem to be doing: relocate somewhere more 'lax'


but


repair the door FIRST
BarbaraT1
(Texas)

Posts:171


04/12/2019 7:34 AM  
Posted By PamG4 on 04/11/2019 9:38 PM
Just to put it in perspective though, we have signatures from all Our neighbors in the drive way that they do not believe the damage to be a problem. We needed to point out the dents to majority of them.




So?

You dented the door. Fix it.
GeorgeS21
(Florida)

Posts:1227


04/12/2019 8:40 AM  
repeating ...

"C’mon, having a dented garage door, and expecting others to think it is in good repair, is nutty."
FredS7
(Arizona)

Posts:905


04/12/2019 12:44 PM  
I can imagine a dent small enough not to require repair.

However it is unlikely to produce such a small dent with a car.

I tend to side with the HOA here.

(Have you considered fiberglass repair as used for auto bodies?)
JohnC46
(South Carolina)

Posts:8347


04/12/2019 1:58 PM  
Posted By FredS7 on 04/12/2019 12:44 PM
I can imagine a dent small enough not to require repair.

However it is unlikely to produce such a small dent with a car.

I tend to side with the HOA here.

(Have you considered fiberglass repair as used for auto bodies?)




Be careful here. Our HOA demands identical garage doors. Material, shape, color, panel size and placement, etc.
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