Mandatory Updates?

Started by WilliamS1 • 6 replies • 1873 views

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WilliamS1 (South Carolina)
Posts: 113

Posted:

We live a townhome community where the the first 25 - 30 homes were built in the late 1970's. The remaining eighty five homes were all built in the 1980's.

Home owners are responsible for their own windows, doors and exterior lighting.

Our bylaws require an architectural committee and charges them with the ability to create rules to maintain property value.

Several of the units ( about 1/2) have updated the windows to the new white vinyl but some still have the older brown aluminum which is starting to look really old and faded. Some are in just bad bad shape.

Question - Can we create a mandate by board ruling to give homeowners up to twelve or eighteen months to update their windows, or does this have to be an approved requirement by the overall home ownership.

Thanks

SwanB (Washington)
Posts: 199

Posted:

Your bylaws require an architectural committee but you don't state whether such a committee exists?
Have you assessed or estimated the cost of replacing the remaining windows and what that cost would be to those members?
As a board and whether your bylaws allow it which we do not know, you might be able to create this mandate. However I question whether this is the right way to go in your community on something that hasn't been acted on for as long as you say.
If homeowners are responsible for their own windows, doors and exterior lighting are there contingencies in your bylaws concerning what occurs if the homeowner does not act responsibly?

WilliamS1 (South Carolina)
Posts: 113

Posted:

Hi Swan - Thanks for your reply.

The architectural committee has been re-established recently and this is one of their first areas of concern.

The cost of windows and installation through a quality company would run between $5 and $10 K per house. If doors are replaced at the same time it would likely be $15k.

Contingencies per our Covenants - " In the event that the need for maintenance or repair is caused through willful or negligent act of the owner, the cost of such maintenance or repairs shall be added to and become part of the assessment to which such lot is subject. "

The question as to whether or not this is the right way to go is a big question. As you know in any community there are going to be those who are excitedly upgrading their property and those who are content to live with the old.

Thanks.

SwanB (Washington)
Posts: 199

Posted:

WilliamS1: There are those who will upgrade their property willingly and those who are content to live with the old and then the ones you didn't mention, those who might not be able to afford the upgrades. I am unsure what population your HOA is.
In ours we do have to address this issue where an increase of $100 for some might mean very little but for others it could mean the end of their ability to live there.

JulieS (Georgia)
Posts: 412

Posted:

In my opinion, I would not enforce a mandatory upgrade of this dollar amount. Frankly, that is a lot of money. If I were told I had to spend that much on my house when there is nothing wrong, other than someone doesn't like them because they are old, I would be very mad. Is this something that a coat of paint can take care of? I think by pursuing this, you will have a lot of angry residents and a can of worms will be opened.

WilliamS1 (South Carolina)
Posts: 113

Posted:

I really appreciate the comments and both of you are right on. The houses where the windows are not upgraded are fall into two catagories.

A- They are rental units of previous owners moved on.

B - They are units of older people who likely don't see the need of upgrading.

I totally understand anyone being angry about a mandated upgrade however I do believe in our case, it would be something they would have seen coming and new they should have taken care of.

If this were the only problem or if the rest of the house were in good shape it would likely not be a problem but the older windows usually coincide with -

- Faded front doors with older hardware.
- Older faded black external lighting with parts missing.
- No storm doors.
- Rusty Door Knockers
- Rusty Non functioning door bells.

Most of these people are just not upgrading because they don't own it or they don't care to spend the money.

Thank you for the comments

SwanB (Washington)
Posts: 199

Posted:

A - Rental units are always a problem with maintenance.

B - Units owned by older people are not necessarily ones owned by individuals who don't see the need to upgrade or don't care to spend the money but since they are older individuals are more than likely living on fixed incomes and have less access to cash.

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