The plantiffs claim would be based on if there were discovered problems with common elements. If the plaintiff is making a large claim, then the association should hire a civil/structural/architectural engineer, and get an independent appraisal of the damage/problems the plaintiff is claiming.
Get a pro opinion, in writing, and have him or her evaluate all the common elements in your small condo association.
The other thing to look at is , was the plaintiff, performing authorized construction in the first place.
Often Condo Associations have language in their documents requiring unit owners to get permission to do any remodeling and construction. If that permission was not sought, then the association should get a court injunction to cease and desist or apply what ever sanctions are in the rules and regs and other documents.
First, interior, non-structure supporting, walls are 100% owner responsibility.
Second, the interior facing surfaces of the exterior walls are the owner's responsibility. The insulation, studs, and exterior facing surfaces are the HOA responsibility.
You did not specify the nature of what required repair but based on who owns what, paying to correct interior walls should not be put on the HOA. In addition, if the owner is claiming that the exterior wall has issues because it does not meet code, to bad, as long as the exterior wall met the codes at the time the wall was built.
Now if we are talking asbestos here, that is a whole different story because the entire building would have to be re-mediated.
Lets see, do we know how old the Building is ?
Was it built to City & State Codes then ?
How different are the Codes now ?
Grandfathered in, unless such as removing Supporting Wall Studs, ect. ?
Did the Owner take out a HOA, City, State Permit for this extensive remodification ?
Board, at least tell us what State is involved ?
If there's interior damage inside the walls of his unit, there's a good chance you have the same type of damages. Take a look. He may have to chip in to repair yours as well.
All the above remarks need to be investigated.
If no agreement, let him sue first.
Avoid lawyers fees to fight him. If the amounts are so high, explore association BANKRUPTCY. Sounds extreme but it can be done in extreme circonstances.
I do not live in a condo so I do not know what typically is the resp. of the owner and the resp. of the HOA. However, there is one important fact that the OP must realize. IF the HOA is resp. for the repairs, then all members of the assn. will be resp, to pay their fair share of the cost. If the assn. does not have a reserve account to cover the expense, then a special assessment will be called for and must be voted on by the members. If passed, all the members of the assn. will be assessed and depending upon the decision of the BOD, payment of the assessment will be required to be made by a certain date. This is why it is so important for an HOA to maintain an adequate reserve fund.
The short answer is no. Under the limited information given.
The small condo association can simply refuse, and refute the claim for many possible reasons.
Then there is legal dissolution and bankrupt
It sounds as if the original poster is either posing a question for the sake of it, or is very ill advised. Advise (professional), might cost.
I imagine that there would be no rush to get the repairs. The only question is what liabilities will risen if the repairs are not done. As long as the repairs can be put off you should be okay in my mind. http://www.multicrafthome.com
I agree with you Mary. The association does have the right to refuse this issue. I would recommend getting the asbestos removed as soon as possible though. http://www.brisbaneroof.com.au
It's unlikely that the association was not aware of the potential issue, and especially unlikely that the tenant did not sign any kind of agreement regarding that possibility. So they can't really hold the association responsible. Still, removing it would be a good faith move on their part. It is their building to maintain. Thiago |www.albrechtandson.com
Troy_Built Thank you for answering my question. I was wondering what the conditions would be if the condos had asbestos. There is a set of condominiums with possible asbestos danger we are looking into purchasing and renovating. We just aren't certain if the asbestos can be removed or if the place has to go. http://www.colfaxcorp.net/services.html
It depends on what the association decide. But I think it depends on what kind of repairs are needed. I hope that it works out. http://www.all-probuilders.com/services/
You haven't been very specific about what kind of issues they found. I think it depends a lot on what the issue is, and what the association says they will cover if damaged. I know it would be a pain to have to pay out of pocket for something like this, but if it's something structural that needs to be fixed, I would fix it immediately.
Claudia Rosenburg | http://www.chewbittelroofingsiding.com/Remodeling-Services-Yardley-PA.html
When we started remodeling our condo last year we found some common property issues that needed fixing. We did not expect the other residents to flip the bill on the remodel/the things that were just for our apartment, but the common property that wasn't up to code had to be repaired. We got the HOA to pay for some of it, but the rest had to be distributed among ourselves and the other residents who had a stake in the common property. http://www.mbabuildinggroup.com/home-renovations.jsp
My parents condo is really outdated. I was hoping that the HOA would allow a remodel. I don't expect them to pay for it, but I really think they should allow it. After all, we are making their condo better. http://3rsconstruction.com/remodel/
We moved into this condo that was in great need of some remodeling. The kitchen looked like it was built in the 1960s, and the walls were the most ridiculous green color. The HOA covered the repair and remodeling costs for our home. http://hlremodelingandlandscaping.com/Remodeling.html
I would recommend talking to them about what you are going to be doing first. If you have asbestos removal that needs to be taken care of, then they need to take care of that. Good luck with your current situation!
Remodeling a home can be really tricky. It's hard to guess before hand how much it's going to cost. It's all about communication. If both people are on the same page there won't be as many legal disputes. http://www.dvwise.com/about-3/
I guess it would depend on why you need the changes. For me, I really want to change the flooring. It is this weird laminate wood floor. I would prefer real wood for floors. I think that there is a chance they will pay for this because it will help the condo's resale value. http://www.sydneyflooring.com.au
I have been wanting to do a lot of remodeling to my condo. I know that I am limited in my options. So I have decided to get extravagant window treatments. I think it is going to big impact. http://shutterupbus.com
For a remodel job, the unit owner has to foot the entire bill no question. If he found problems within the walls, though, he could ask the HOA to pay for the repairs. It depends on whether or not the building met state and city specifications at the time it was built. It sounds like your neighbor might be trying to get the HOA to pay for his remodeling-- in which case, fight the charge as much as possible.
Jenn | http://www.congroremodeling.com
I think any remodeling that the association does should be their responsibility to pay. We have been wanting to remodel our kitchen for a little while now. The HOA says that they won't pay for it however. http://www.kitchenvillage.com/services
When it comes to remodeling, a condo is not the place to let your aesthetic tendencies loose. For one, the HOA will not help pay, and raised value of the condo will not help you as much as you think it will. Home improvement is something best saved for a home.
Marc | http://www.kplamarco.com
Most insurances will cover hotel fees. I would get rates from the local inns. Then contact them to figure out the best options.
I don't think they should be able to remodel, then force the owner to pay for the repairs. We have been wanting to re do our kitchen for a long time, and we don't expect the association to have to pay for it. It's going to be a little bit pricey, so we've had to put it off for a couple of years. http://www.stoneforestkb.com
I would be surprised if they made you pay for anything. It's like it was you decision to remodel. If it was something affecting all the buildings, like asbestos or mold, then I could see them wanting everyone to chip in. But even still, in that case, the condo should pay for those repairs. http://www.rockridgeinc.com/abatement.htm
I think people just need to have better communication, because this problem could have been prevented that way. If you talk it over, and tell the association what kinds of repairs you are planning on doing, then they can approve it or not. When we did this, our association was more than happy to pay to remodel our condo. http://www.desmoinesiowaremodeling.com
I don't expect them to pay for all remodeling but I think there are some that should pay for. For example, I don't think that they should cover the cost of me putting in decorative cornices. That is definitely an optional improvement. http://www.classicceilings.com.au/services1
What kind of problems was he finding? If the insulation was incorrectly installed or had a problem, then the HOA should cover the difference of repair. His own remodel project, however, is not covered by the association fees. That should fall under his own insurance.
Jenn | http://brandxmetals.com/products
No. Why would the association pay for a remodel? They would have to pay for everyone to get a remodel if you got one. I don't think it makes any sense for the association to pay for remodels, unless there is something inherently wrong with the appliances or household things that would create a living situation problem. http://www.MaresDow.com
This is pretty interesting. I would love to have a civil contractor come out to my condo and see about doing some work on it. I didn't know I needed to get approval first. Good to know! http://www.sharpebros.com.au
Unless there was a necessary reason for the remodel I don't see why anyone would pay for that. Definitely make sure that you check though, it never hurts to ask.
Jim Tracy | http://www.craigwentworth.com/
Seeing more things that should be fixed is common. When you're remodeling, you see parts of the house you don't normally see. Even though it makes it a bigger project, it is a good thing to get those things fixed.
Anita Mas | http://www.luxepittsburgh.com/products-kitchen.html
Our fireplaces in the condos were condemned by the town. The condos are over 30 years old. Neither the town nor the association will take any responsibility to correct the problem. The both claim the homeowner must absorb all the costs to fix. Further, the town wants architect plans, permit $$, etc. Apparently when these were built fireplaces were an option and since 8 condos out of 300 do not have fireplaces the association claims the common area does not apply and therefore they don't have any responsibility to assist in costs to correct the problem. To correct this problem minimum cost is $3000. Does anyone have any suggestions as to where to go for help? The fireplaces are currently natural gas and we want to do ventfree but are being told that we cannot just seal the fireplace flue we have to take the wall down and remove all the old stuff. Any suggestions would be greatly appreciated.
It sounds like a bit of a tough situation, but I think he should have to pay the cost. He was the one who decided on the renovation in the first place! Renovations are very exciting, though, they can bring such a new energy and life to an entire home. http://www.cascadebuild.com/services.htm
How dangerous is the problem he found? The problem with letting repairs slide is that they worsen over time. And since your neighbor is remodeling their kitchen, I doubt they'd want to open the walls yet again. It might be best to bite the bullet and repair now.
Jenn | http://www.columbiaex.com
I think if an owner does any home improvement they have to pay for it themselves. The association wouldn't pay for it, because it really has nothing to do with them. I'm not sure why they would think the association would pay for it. http://www.quintunahomeimprovements.com/
The kitchen renovations is completely on the unit owner. The repairs, however, should be considered by the HOA. If they were problems with installation and wiring, then they have probably existed since the condo was built. Those should be payed for by the HOA.