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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Real Estate Law
Satisfied Customers: 2880
Experience:  30 years of experience.
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RE: the Condominium Property Act. Does the Bd of Director's

Customer Question

RE: the Condominium Property Act. Does the Bd of Director's have the authority to use condo funds to replace rotten wood on the framework of original screened areas which were on the architect's blueprints for all original 15 condos? There are no financial problems resulting from this. Individual owners were assessed for the cost of the screens.
One owner who has altered this space into a 4 season room and so did not need this repair is complaining loudly even though the repair was completed last spring.
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
I have changed my password ***** your records don't show this.
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
my password ***** you sent is 86a2eiv
Expert:  Gerald-Esquire replied 10 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The law auhtorizes the associaition to make these types of decisions in the bylaws of the association. So the answer depends on what the original bylaws say about exterior repair, whether the budget for the year included the repairs, and whether there was a proper vote to approve the repairs.

Routinely, Condo association dues include dues for exterior repairs (roofing, siding, landscaping, and other externa features that include both appearance and structure issues.

The likelihood (without reading the association documents) is that such a feature would be covered.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 10 months ago.

I see you would like a phone call. I can do that but there is an additional fee. If the above requires clarification we can continue to post here so that there is not an additional charge to you, or we can arrange a call.

I will post an offer so that if you want a call we can do that.

Kind regards,

Gerald

Customer: replied 10 months ago.
The question which needs resolutions is:
The screened areas (porches) were part of the original unit on all 15 condominiums when constructed in 1990-1992. The architect's blueprint clearly shows this. The argument is whether the repair of the wooden elements 25 years later should be the responsibility of the HOA or the individual owner. This was brought up at the annual meeting in Nov 2014 as an anticipated expense in 2015. There were no objections and the proposed budget was approved. Our complainant now contends this was not to have been allowed as the screened areas are not common elements. As we had heard the complaint earlier before the work was begun the Board scheduled a review session and assn members were invited to attend. It was decided to a written poll of all members to see if all were comfortable with the work being scheduled as well as the method of paying. All 15 members of the assn returned their poll showing 14 favorable and 1 unfavorable
.In January 2016, months later after the project was completed , our complainant has submitted a spreadsheet showing how the project should have been paid for with all 15 owners being affected with changes. He contends there will significant consequences if we don't abide by his suggestions. We need closure on this...we thought we had it but he is very noisey. No other owners have voiced concern and are pleased with the completed improvements to our assn. Do we need to give him any consideration? I am writing as the treasurer of the Board of Directors.
Customer: replied 10 months ago.
no need to call.
Expert:  Gerald-Esquire replied 10 months ago.

Hello:

Thank you for the additional information and the follow up questions. Just because he makes a lot of noise doesn't make him right.

I find that people are very often the most wrong about things they are absolutely certain of.

The complainant is very likely wrong.

The law does not prohibit repairs of areas that are not specifically Common Areas. You need to look at your bylaws to be certain, but I am confident that you will find that the Association either has specific has authority to repair non-common areas that effect the appearance and structure of the Buildings ( Such as Roofs, siding, and similar features) OR the bylaws are silent. In which case the answer lies in the membership's vote.

You stated that "This was brought up at the annual meeting in Nov 2014 as an anticipated expense in 2015. There were no objections and the proposed budget was approved."

That really is the end of it. He would have to sue, and no court is going to grant him relief. If he does sue the associaiton should pursue attorney's fees and sanctions for frivolous litigation.

Only if the bylaws prohibit the expense does he have a point.

By the way, did he get approval for his sun room?

You very likely have HOA counsel retained. So you may as well call him if you do. But your neighbor is waht we technically refer to as a Crank (or less polite words if you wish).

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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