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Subject: Letter to Homeowners
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Author Messages
FrancesD


Posts:0


02/07/2006 8:17 AM  
We have several Teenagers that climb up ont the porch roof of there house.They also climb out of the second story window to sit on the roof for hours. I need some examples of a letter to write to these homeowners warning about the danger,consiquenses, and that the H.O.A. board will not be held accountable to pay for these teens if they should become injured due to roof colapse or falling off.
RogerB
(Colorado)

Posts:5067


02/07/2006 10:00 AM  
FrancesD, I would ask your Board to pass a Rule & Regulation which states no one is allowed to be on the roof except for inspection or repair purposes. The owner is responsible for any damages to the roof or an individual which occur as a result of a violation plus the owner may be fined (see Covenent and Rules enforcement policy).

Do not refer to any class of people (teens).
Stating one is not responsible won't carry much weight in court - a Rule which has been provide to all owners will.

Good luck,
RogerB
HaroldS
(Arizona)

Posts:906


02/08/2006 6:48 PM  
FrancesD states.. ...climbing out on the porch roof of there(sic)HOUSE (my emphasis), so can I assume these are not condos where the HOA is responsible for the roofs? What earthly concern can this be of an HOA? And this needs another "rule and regulation"??? I'm sorry, but this is wrong. Harold
KathyS
(California)

Posts:145


02/09/2006 8:18 AM  
I have to agree with Harold. Unless they are condos, it's none of the associations business nor a nosey neighbors business. If these teenagers are dumb enough to be sitting on the roof and fall off....so be it.

One less idiot in the gene pool.
FrancesD


Posts:0


02/09/2006 9:34 AM  
These are townhomes and the H.O.A. is responsible for roof replacement.I do not want to fine these individuals. I just want to cover the association against any possible lawsuit from theese idiots fall off the roof.As well as to make the homeowner responsible for repairing damage done to the roof by these idiots.
EdR
(Texas)

Posts:170


02/09/2006 10:06 AM  
Whatever route you take with this one, since these are townhomes, do it quickly--if one of these kids falls off and gets hurt, it's the associations' problems. If it were their personal roof on a house it might be different. If everyone is paying for these roofs to begin with, then everyone needs to be concerned. Although it is not an attractive nuisance, the kids are using it as one--my opinion is that they are trespassing and it borders on vandalism if it can ultimately hurt the roof (also involves everyones' monies) (even if it's right over their specific area) and the police should be called. I just hope these aren't kids of the directors of your board--if they are -- good luck!
EdR
RogerB
(Colorado)

Posts:5067


02/09/2006 10:36 AM  
HaroldS and KathyS, I agree with you when the HOA is not responsible. But since they are, do you agree with the need for a rule which will allow enforcement and to protect the HOA in case of a law suit.

"What earthly concern can this be of an HOA? And this needs another "rule and regulation"??? I'm sorry, but this is wrong. Harold"

RogerB
HaroldS
(Arizona)

Posts:906


02/09/2006 12:18 PM  
Well of course if the roofs are HOA common area. His use of the word "house" just conjured up individual houses. Sorry.
And adding a rule begs my other question about owners being notified of that and other rules which are in addition to the CC&Rs. Do new owners get a list of rules as well as a copy of the CC&Rs? Do existing owners get an updated list of all the rules as a new one is added? In eight years here I have never seen such a list. If we have rules in addition to the CC&Rs I have no knowledge of them. The only thing I found in our CC&Rs about rules states: The board shall have the right to adopt rules and regulations setting forth procedures for the purpose of making assessments and for the billing and collection of the assessments provided that the procedures are not inconsistent with the provisions of this declaration. Harold
KathyS
(California)

Posts:145


02/09/2006 6:49 PM  
Agreed. If it's a condo.

RogerB
(Colorado)

Posts:5067


02/09/2006 7:25 PM  
HaroldS asked "Do new owners get a list of rules as well as a copy of the CC&Rs? Do existing owners get an updated list of all the rules as a new one is added?"

They should and for those HOAs we manage the answer is absolutely. Furthermore, in Colorado a prospective buyer must be provided these and other association records; and if they are not satisfactory to the buyer they can back out of the sales contract.

I just e-mailed over 100 pages of required documents to a buyer's real estate agent. We do this easily and rapidly since we convert all paper documents to digital text. For those who are not aware, digital text eliminates the white spaces which are present in a digital image file. Thus resulting in a hugh reduction from megabytes to kilobytes to create a manageable size for e-mail and web pages.

RogerB
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