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Subject: Foundation Crack-Detached Condos Who Pays
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Author Messages
TomM24
(New Hampshire)

Posts:3


07/26/2021 10:02 AM  
We're a 20 unit association of detached condos in NH. One of the owners has a rack in the foundation and is requesting repair. Am I correct that the association is responsible to correct costs? Thanks
MaxB4


Posts:1394


07/26/2021 10:08 AM  
What do your CCRs say. That is where the answer will lie.
CathyA3
(Ohio)

Posts:2475


07/26/2021 10:23 AM  
What Max said.

Your CC&Rs (aka Declaration) should have a section where they define "unit", "common elements" and "limited (exclusive use) common elements". There should also be a section where it spells out the unit owners' responsibilities and the association's responsibilities.

Usually, if it's part of the unit, it's the unit owner's responsibility - and if it's a common element, the association is responsible. The limited common elements can go either way, so you'll have to check.

In detached homes, the foundation may well be part of the unit and thus the owner's problem. However, there are always exceptions to this stuff, so read the CC&Rs carefully (especially when you come across phrases like "unless otherwise specified elsewhere").
KerryL1
(California)

Posts:8620


07/26/2021 10:47 AM  
How old is your assn., Tom? Could the cracked foundation be a construction defect?
TomM24
(New Hampshire)

Posts:3


07/26/2021 1:12 PM  
We recently amended our bylaws. The old ones were from the 80's, when the units were built. From reading them, it looks like we are responsible?

Attachment: 1726125214671.pdf

CathyA3
(Ohio)

Posts:2475


07/26/2021 1:28 PM  
Posted By TomM24 on 07/26/2021 1:12 PM
We recently amended our bylaws. The old ones were from the 80's, when the units were built. From reading them, it looks like we are responsible?



Looks like it to me unless there is some other qualifying verbiage elsewhere in the document.
PatJ1
(North Carolina)

Posts:254


07/26/2021 1:28 PM  
We had a structure issue with a slab and an outside front wall. Hired an engineering firm for about $500.00 to inspect and supply recommendations. Well worth the $500.00. Our issue turned out to be a drainage problem allowing separation between the structure and the slab.

By the looks of what you posted, yes, this is an HOA issue and not an owner issue. Now that the HOA is aware of it, best to move forward and research a remedy before it becomes a much larger and more expensive issue.

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
TomM24
(New Hampshire)

Posts:3


07/26/2021 1:36 PM  
Thanks!! I just found this forum today and am so glad to have such a resource.
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