Destruction to a common area

Started by SkipR • 16 replies • 1675 views

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SkipR (California)
Posts: 3

Posted:

HI All,

I'm a condo owner and board member of an HOA....we have a very small complex...4 units total.

We just recently had one of our homeowners decided to cut down and clear out several trees on our property with out consulting another home owner or HOA member. The trees resided in one of the two common areas we have on the property. She claims to have done this, because after owning this condo for over 14 yrs...she has suddenly decided she MIGHT own the common area where the trees reside.

This of course was a ridiculousness statement on her part and also incorrect according to the other three Deeds. Assuming that she does not own the land... I was wondering if we allow her to replant the vegetation in the area where she did the destruction...at her own cost...does she have recourse to claim some ownership due to improvements made by her.

Could someone let me know if they have had any experience with this kind of problem....we are a condo HOA in California if that matters

Thanks

MicheleD (Kentucky)
Posts: 4,491

Posted:

She has NO ownership claim be replacing trees she cut down.

In fact, I would make sure that she replant fairly substantial trees and not simply the little twigs that the Arbor Foundation gives away for free.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Why does SHE think she might own the common area?

Has SHE been taking care of it for many years?

Can the Board prove that it has maintained this commone area over the years?

SkipR (California)
Posts: 3

Posted:

Her son just recently moved into the unit...she does not live in the complex nor has she...her son wanted to fix the area to suit his desires...since he now lives here and the common area is next to his unit. When we told her no to the plans her son had come up with for the area...she then decided she might actually own the land and also had the area cleared when everyone was at work.

The HOA has always maintained the area and according to everyones deed...the area is a common area

She is now very upset with us all that we are asking her to replace the vegetation at her own cost and only after we all approve of the plans...AND we are asking her sign an agreement that states she is by no means able to assert any ownership to the common area due to her paying for the improvements...we are also asking her sign an agreement that states no homeowner can make changes to ANY common area with out full approval for the HOA. She is now claiming she will not pay nor sign anything....

Just wondering what are next move should be>......

GlenL (Ohio)
Posts: 5,491

Posted:

Skip the answers to your questions should already be in your CC&R's. Ours prohibits the taking or subdividing of common elements, the alteration of them and allows the BOD to restore any that are altered and bill the offending H/O. If yours truly are silent on this matter then you may have to take the homeowner to court. Depending on the amount needed to remedy the situation you may be able to use small claims court.

Studies show that 5 out of 4 people have problems with fractions

KirkW1 (Texas)
Posts: 1,665

Posted:

I think you should demand her pay for repairs to be done and fine her as well. I personally doubt her story about believing she owns the property. I would call a reputable landscaping service and get an estimate. If she refuses to pay the amount of the estimate, look to take her to court. As stated earlier, small claims court can probably handle the issue and doesn't cost a lot.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Apparently she does not see the error or her ways.

Get three bids and get the work done. Bill her. If she does not pay, take her to court. Be sure to take pictures of the land now (hopefully, you have a before picture.) Document everything.

And she still has not answered WHY she thought she owned the property? Didn't the firm she had do the work question her about it?

Odd . . .

DJ1 (Ontario)
Posts: 798

Posted:

This doesn't sound like 'improvement' it sounds like 'restoration'. Ludicrous to give her anything for doing the restoration...except of course...the BILL!

GlenL (Ohio)
Posts: 5,491

Posted:

Don't forget due process; as much as we all agree the homeowner is responsible she is still entitled to a fair hearing before the BOD or a court of law.

Studies show that 5 out of 4 people have problems with fractions

KarenS11 (Florida)
Posts: 148

Posted:

Might also want to check with your local municipality, as many have laws against removing trees of a certain size and type and/or require a permit. If this is the case and you don't take action, the Association might have some exposure here, as well since the trees were on a common area.

DwightT (Idaho)
Posts: 664

Posted:

If she doesn't want to pay for the repair that her son caused to property that does not belong to her, you could always report it as an act of vandalism. Then not only will she have to pay for the repairs, but her son will have a police record as well.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Skip,

Since this is a condo assn, this member may really believe she has the right to do as she wishes regarding the common areas. In a condo assn the property owners do own a portion of all the common areas. Unlike a planned community where the common areas are owned solely by the HOA. However, that does not mean she has the right to make "improvements" to the common areas. The board needs to sit down with her and explain exactly what her "rights" are. There should be a section in your CCRs which gives the sole authority over the common areas to the BOD. My CCRs say: "The board shall be the sole judge as to the appropriate maint of all common areas and other properties maintained by the assn. Any cooperative action necessary or appropriate to the proper maint and upkeep of said properties shall be taken by the BOD or by its duly delegated rep."

SkipR (California)
Posts: 3

Posted:

We did have a meeting with her and read the section in our CCRs that covers this...it states that no one can make improvements or modification to the common areas with out consent...it goes on to say that said person would be financially responsible....I might add she is our HOA president as well!!! She had been running lose for sometime now with no one stopping this kind of stuff...we finally have had a enough...some of us more than others...and told her she is to do NOTHING to the building or grounds(common areas) with out a full vote....she got upset but agreed....and then later that night wrote an email to everyone that she has now decided she does not want to sign something to that effect and I'm pretty sure she is going to try and get the gardener to show up while all of us are out earning a living and have the work done anyway.

She is now NOT responding to anyone's emails on this subject or any other. We have other work scheduled that was approved by all members of the HOA and we need checks from her to give to the contractor....I'm just not sure what recourse I have as one member to deal with this...the other two homeowners are pretty much worthless in this area and act as if they don't want to be involved.

Thanks,

GlenL (Ohio)
Posts: 5,491

Posted:

Skip the other Board members can remove her from being president and assign her to another position on the BOD. You can go to the bank with a proper resolution signed by the BOD (call the bank and find out exactly what is required) and remove her from the accounts. The bank can then provide you with temporary checks while new are being printed if she won't turn over the checkbook. BTW why does the president and not the treasurer have the checks?

Studies show that 5 out of 4 people have problems with fractions

KarenS11 (Florida)
Posts: 148

Posted:

MaryA-

The owners of a condo DO NOT have any right to make changes to a common area. Only the Board can do that. And often they need a vote of the membership. Yo can't even make changes to a limited common area (IE patio) without ARC approval. At least in my state.

SusanW1 (Michigan)
Posts: 5,202

Posted:

How much do you wanna bet she made an "executive decision" all by herself, and had this work done, with the HOA paying for it! She does have the checkbook!!

This should be interesting . . .

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By KarenS11 on 06/17/2008 7:49 PM
MaryA-

The owners of a condo DO NOT have any right to make changes to a common area. Only the Board can do that. And often they need a vote of the membership. Yo can't even make changes to a limited common area (IE patio) without ARC approval. At least in my state.

Karen,

I'm well aware of that. I was only speculating on what her mindset might have been in doing what she did. But, after reading the additional info posted by Skip, it's apparent she just thinks she can do as she pleases. Some board members do develop this mentality. Serving on the board, and being president no less, can be a real power trip for some!

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