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.