CatherineW (Texas)
Posts: 1
Posts: 1
Posted:
I am new to this forum and I would like some feedback on other board member's opinions. My HOA decided to install access panels to the common attic space above pairs of upper floor units in response to a single homeowner denying access to workmen. All upper floor units have access panels located within a closet in the unit. The problem is that the "panels" they installed are located not above the intermediate landing of the stairwell, but at the upper landing immediately adjacent to the resident's front door and is not a secured access pane. These "panels" were created by cutting a square in the sheetrock ceiling, placing wood molding around the hole and replaced the square of sheetrock on top of the wood trim.
Here is the situation:
As an architect, it is my professional opinion that locating these unsecured panels in a way that creates easy access to the attic space above an individual's unit (only 8 feet above the floor) thus potentially creating a breach of security that could have been avoided by locating the panels in the ceiling above the intermediate landing where the panel would require a 20 foot ladder and would be more highly visible. The panels are not fire rated or secure which are both qualities that would be a natural choice and a basic consideration in selecting panels for any of my clients.
I have objected to the panels as a homeowner and recieved no response from the Board. Now I have been elected to the Board and discovered that the previous Board read my objection, voted to do nothing and never sent me a response. I have stated my concerns in the past board meeting, convinced the majority of the Board members that it is a valid issue and got a motion approved to relocate the panels to the ceiling over the intermediate landing only to have the decision recalled after being badgered and berated by one of the Board members threatening that they would all need to 'rework' the budget to find $4000 to make the correction.
My question is...what is my liability as a board member with knowledge that this situation creates a potential security breach to upper floor units. While the HOA had the right to gain access to the common space and therefore the installation of access panels is not illegal, the materials used and the locations selected (in my professional opinion) subject those homeowners to a higher level of risk for burglary or intruder. We have had a problem with home invasions in a neighboring complex. The fix is so easy (move the panels or put locking panels on the bad location), but the other board members are afraid to go against the badgering board member. If I ask that the meeting minutes reflect my voting record on the subject, and obtain a copy of the minutes from the meeting where my request was originally denied prior to my term on the board, will this protect me from legal action from a homeowner who may decide to sue the HOA to recover losses when the means of access can be proven to have involved the access panel. My insurance agent advises me that while the panels are not illegal, homeowners can and have sued the HOA to recover their deductible costs and amounts not covered by their insurance. As an architect with an obligation to uphold levels of "health, safety and welfare of the general public" am I at increased risk since I know it a bad decision to leave them in place as installed. How do I protect myself?
Here is the situation:
As an architect, it is my professional opinion that locating these unsecured panels in a way that creates easy access to the attic space above an individual's unit (only 8 feet above the floor) thus potentially creating a breach of security that could have been avoided by locating the panels in the ceiling above the intermediate landing where the panel would require a 20 foot ladder and would be more highly visible. The panels are not fire rated or secure which are both qualities that would be a natural choice and a basic consideration in selecting panels for any of my clients.
I have objected to the panels as a homeowner and recieved no response from the Board. Now I have been elected to the Board and discovered that the previous Board read my objection, voted to do nothing and never sent me a response. I have stated my concerns in the past board meeting, convinced the majority of the Board members that it is a valid issue and got a motion approved to relocate the panels to the ceiling over the intermediate landing only to have the decision recalled after being badgered and berated by one of the Board members threatening that they would all need to 'rework' the budget to find $4000 to make the correction.
My question is...what is my liability as a board member with knowledge that this situation creates a potential security breach to upper floor units. While the HOA had the right to gain access to the common space and therefore the installation of access panels is not illegal, the materials used and the locations selected (in my professional opinion) subject those homeowners to a higher level of risk for burglary or intruder. We have had a problem with home invasions in a neighboring complex. The fix is so easy (move the panels or put locking panels on the bad location), but the other board members are afraid to go against the badgering board member. If I ask that the meeting minutes reflect my voting record on the subject, and obtain a copy of the minutes from the meeting where my request was originally denied prior to my term on the board, will this protect me from legal action from a homeowner who may decide to sue the HOA to recover losses when the means of access can be proven to have involved the access panel. My insurance agent advises me that while the panels are not illegal, homeowners can and have sued the HOA to recover their deductible costs and amounts not covered by their insurance. As an architect with an obligation to uphold levels of "health, safety and welfare of the general public" am I at increased risk since I know it a bad decision to leave them in place as installed. How do I protect myself?