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Subject: New Problem - Who is responsible for this maintenance?
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JoyceS1
(Indiana)

Posts:140


07/01/2006 8:49 AM  
For years I have been complaining (yes, complaining) to the manager and BOD regarding problems with gutter overflow (this is Indiana where we have lots of rain). The association cleans gutters twice a year, but additional cleanings were taking place on units surrounding the HOA President's unit, including his own. Homeowners were advised additional cleanings were to be at their expense, yet additional cleanings were taking place nonetheless without clearly defining what criteria was needed for the association to pick up the tab for the additional cleanings.

This weekend, my husband decided to make a repair to the atrium door leading outside from our basement. A simple repair he thought, until he found moisture and rot resulting from years of overflowing gutters in that very area. It is turning into a major repair because one thing has led to another and another....a chain of repairs needed, not just the door.

Here's my problem.....I've been calling this to the attention of the BOD/Manager for years and can document it. However, I just now took over as the President of the HOA.

First question: Is this damage the Association's responsibility since maintenance, repair and replacement of gutters and downspouts is specifically mentioned in our covenants as Association responsibility.

Even though the BOD stated they would only pay for two, they paid for additional cleanings nevertheless.

Second question: How do I avoid appearing to take care of my special interests as did a prior president (who served for many years and did exactly that)?


BradP
(Kansas)

Posts:2640


07/01/2006 8:57 AM  
Joyce:

If maintenance of gutters is the associations responsibility and the damage has resulted from a lack of cleaning the gutters then yes I believe that should be the associations cost. The association has already admitted that additional cleanings were necessary by paying for more than two in years prior. I am not an expert but to me it seems like an open and shut case.

As president obviously the direction the association is going to go will be reflected by your work ethic, beliefs and your agenda. However, if you put this up for vote with your board and it is approved then no one can say you are misusing power or funds. Don't confuse the first sentence with being a bad president, I have a belief and a plan for our association, however, if the board disagrees with me that is fine. A president's job is to provide direction and vision for the entity.
RogerB
(Colorado)

Posts:5067


07/01/2006 11:10 AM  
Joyce, I would ask the MC to inspect all units for water damage from gutter overflow. Based on the results it may be appropriate for the Board members to budget funds for repairs. That would have to be decided by the Board. If you are the only Board member with damage you should step aside and let the rest of the Board members discuss and vote on this issue. This will eliminate any potential conflict of interest.
BrianB
(California)

Posts:2820


07/01/2006 9:57 PM  
make sure that whatever solution is determined is done for all houses and gutters, not just yours, his, or hers... If the president gets gutters cleaned 4 times a year, so does everyone... that removes the taint of "favoritism".
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