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Subject: Assoc Considering Forcing Me to Hire a Licensed and Bonded Professional

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JessicaR
(Minnesota)

Posts:5

08/04/2010 11:28 AM
I asked our HOA's permission to do very minor repairs to my patio that I share with the neighbor. One of the Board members wants to force me to use a licensed and bonded professional as opposed to letting me do the work myself. I am just repairing very small cracks in concrete. Is this legal? Our association docs say that the owner is responsible for all repairs and maintenance and that the association can only assess us if we do perform proper maintentance.

SureshD

Posts:0

08/04/2010 12:26 PM
What is the extent of the repair? Is it cosmetic (filling cracks with caulk, etc. then repaint) or requiring demolition (more like replacing materials). If cosmetic then I would say they are being a bit too demanding. If repair(s) could effect structure integrity then it seems reasonable.

JessicaR
(Minnesota)

Posts:5

08/04/2010 12:28 PM
Just repairing very minor cracks with caulk and repainting.

MaryA1

Posts:0

08/04/2010 12:47 PM
Jessica, IMO, if you are not repairing a common area then the BOD cannot tell you what to do. Surely repairs to your own property don't need to be approved by the BOD. Why did you even tell them about the repairs you were about to undertake?

JessicaR
(Minnesota)

Posts:5

08/04/2010 1:02 PM
I'm wishing I didn't report it now, but our association has started to get "fine happy" as a tactict to avoid raising association dues. I was worried they might fine me if they found out I repaired it and didn't approve it first. In the past they have made people preapprove replacement of their own windows and patio doors.

RickW
(Illinois)

Posts:160

08/04/2010 1:09 PM
Has the board been there to see the work involved? Maybe if they visually saw the minor work involved they would allow you to do the repairs yourself.

LoriL1
(Florida)

Posts:51

08/04/2010 1:09 PM
Jessica, You mention that this is a shared patio, so could it be that it's considered a limited common element? If that's the case then the Board may have a right to dictate who does the repair. Is there anything in your governing documents that might answer this question?

JessicaR
(Minnesota)

Posts:5

08/04/2010 1:12 PM
I offered the board members the chance to see my patio and this particular board member responded that he is concerned about the precedent it will set and wants to talk it over with our management company. I just want to fix the problem, how is that a bad precendent?? I guess I'll just have to wait to find out how they vote. I was just hoping to get a simple answer.

JessicaR
(Minnesota)

Posts:5

08/04/2010 1:18 PM
You are correct that is a limited common element, but I haven't found anywhere that it says the Board can dictate who does the repair. My neighbor has no cracks but would like to paint as well. We would prefer to share the cost and avoid using the management company's contacts as they are usually overpriced. The docs say the owner is responsible for all maintenance and the Board can enter the premises if the owner does not provide proper maintenance and assess accordingly.

EllieD
(Vermont)

Posts:133

08/04/2010 2:29 PM
Are you a Condominium? How do your documents define maintenance? Often maintenance just means to “keep clean”, “sweep”. That is, maintenance does not mean “to repair” or “to paint”. Repair and painting of Common Areas, including Limited Common Areas, is usually association responsibility, not Unit Owner.

GlenL
(Ohio)

Posts:3526

08/04/2010 11:41 PM
Jessica are you saying that the Board is forcing you to hire a licensed and bonded professional or their licensed and bonded professional? I personally would get with the neighbor and split the cost to have the cracks filled and the patio painted; with you paying for the crack repair and splitting the painting costs. That way you'll have some guarantee that you won't be back out doing it again next year when the stuff you find at the "big box store" doesn't hold up to a Minnesota winter. If the Board insists it has the right to dictate who you employ ask them to please show you in the CC&R's where it says that.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

RbR
(Washington)

Posts:4

08/06/2010 8:01 PM
Hello: Do you real live there? Or, are you just staying? This is somewhat unusual for me to post commentary of this nature; however, it's relative to home maintenance and improvement. The crux of the agency I work with is to assist people in as many ways as possible, via the net, relative to saving hundreds/thousands on home projects. Please, bear with me here. No sales pitch. Not selling anything. Apparently, you're up against a new kind of residential contractor.....white collar. Our agency is completely against rip off and scam of any sort....but, my view is that you've been scammed from the very beginning. This is not your home. You're just staying in a glorified hotel.....or an expensive place you think you own. Got a car? Any sort of motor vehicle? What if you get a flat on the road? And what if a policeman comes along as you're about the change your tire? And, what if he says, in order for you to change that tire, you had to get a certified auto mechanic? Don't change the tire. Get a certified auto mechanic. The reason is that he can bust you on a technicality. He's the authority. He rules the road. He can make things real miserable for you. Period. I guess, what I'm saying is that, regardless of what's in writing, what your Board member says supersedes that....and he can make things real difficult for you if you attempt to assert your rights. The old adage: You get what you paid for. That's about the size of the situation. You can lease a comfortable, detached house and have a nice yard for about 1/4 what you've paid for that prison....the commute will take care of itself. If you can get out of there......do it. Live! God Bless You!

BrendaS5
(Texas)

Posts:15

08/06/2010 8:31 PM
Our association does a lot of its own bidding and working with contractors...at least the board does, and sometimes the occasional volunteer. First item of business is to get a copy of the contractor's license if one is needed, (such as a plumber), their W9 and their business insurance policy. If they do not have insurance or a proper license then they cannot do work on the common elements. It's a business policy that this association has always practiced...probably because our management company did over the years. Inside the house is a different story. Or, for instance, if the owner was having a deck replaced in their own-use area...that is not something that the association gets into. However, a contractor working in a city such as ours is required to be licensed and registered in the city whether inside the condo or not. If not, then that's their bad and the owner's.

RbR
(Washington)

Posts:4

08/06/2010 10:39 PM
Posted By RbR on 08/06/2010 8:01 PM Hello: Do you really live there? Or, are you just staying? This is somewhat unusual for me to post commentary of this nature; however, it's relative to home maintenance and improvement. The crux of the agency I work with is to assist people in as many ways as possible, via the net, relative to saving hundreds/thousands on home projects. Please, bear with me here. No sales pitch. Not selling anything. Apparently, you're up against a new kind of residential contractor.....white collar. Our agency is completely against rip off and scam of any sort....but, my view is that you've been scammed from the very beginning. This is not your home. You're just staying in a glorified hotel.....or an expensive place you think you own. Got a car? Any sort of motor vehicle? What if you get a flat on the road? And what if a policeman comes along as you're about the change your tire? And, what if he says, in order for you to change that tire, you had to get a certified auto mechanic? Don't change the tire. Get a certified auto mechanic. The reason is that he can bust you on a technicality. He's the authority. He rules the road. He can make things real miserable for you. Period. I guess, what I'm saying is that, regardless of what's in writing, what your Board member says supersedes that....and he can make things real difficult for you if you attempt to assert your rights. The old adage: You get what you paid for. That's about the size of the situation. You can lease a comfortable, detached house and have a nice yard for about 1/4 what you've paid for that prison....the commute will take care of itself. If you can get out of there......do it. Live! God Bless You!

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