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Can condo owner remodel and force association to pay for it?

Posted on Fri, Aug 16, 2013 @ 08:36 AM
  
  
  
  

I recently bought a unit in a condominium. My new neighbor has been remodeling his unit and opened the walls for this purpose. He discovered many issues with the interior and exterior walls and want to get them repaired and have the HOA pay for them. We are talking about a huge amount of money. Can he force the other units to pay for it? I know, I know, depends on what the CCRs say, but what's the case typically?  The amount of money is exorbitant, more than what a modest house would cost, and there are only 3 units in the building. If the other neighbor agrees to do the repairs immediately, would I be forced to pay an amount that I don't even have? None of these projects are urgent, if I have to cheap in, I would like to do it one by one, over time. Theres any law that would protect me against a decision from my neighbors to do a series of large repairs immediately?

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COMMENTS

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.

posted @ Friday, August 16, 2013 9:32 AM by Troy_Built


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.

posted @ Friday, August 16, 2013 9:35 AM by troy_built


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.

posted @ Friday, August 16, 2013 10:32 AM by Ron - NC


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 ? 

posted @ Friday, August 16, 2013 11:07 AM by James


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.

posted @ Friday, August 16, 2013 11:13 AM by Bill


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. 

posted @ Friday, August 16, 2013 11:16 AM by RS-FL


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.

posted @ Friday, August 16, 2013 11:24 AM by mary


No. 
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 
proceedings. 
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. 

posted @ Sunday, August 18, 2013 11:03 AM by A._Pretty_Good_Lawyer


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

posted @ Wednesday, February 12, 2014 9:05 PM by Bob Strong


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

posted @ Monday, April 07, 2014 6:11 PM by Bob Strong


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

posted @ Tuesday, April 15, 2014 10:51 AM by Thiago


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

posted @ Friday, May 16, 2014 5:17 PM by Bob Strong


I wouldn't imagine that the association would have to pay for it. I guess there could be rare exceptions, but I would imagine the renter would have to pay for it. I would also wonder about fines for doing it later on.  
Jayden Eden | http://www.kitchencabinetsdesigncolorado.com/Remodeling-Services-Colorado-Springs-CO.html 

posted @ Wednesday, May 28, 2014 7:57 PM by Jayden Eden


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/

posted @ Thursday, May 29, 2014 6:48 PM by Anita Mas


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

posted @ Friday, June 13, 2014 2:26 PM by Claudia Rosenburg


I would only think that would be the case if the remodeling was essential. If he was remodeling his kitchen, he should have to pay the cost. It's more of an investment than cost though as it raises value of the unit. http://www.fredericksburgvahomebuilders.com/remodeling.html

posted @ Monday, June 16, 2014 12:47 PM by Jameel Johnson


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

posted @ Monday, June 16, 2014 3:35 PM by Julia Emmers


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/

posted @ Thursday, June 19, 2014 3:19 PM by Abed Nadier


I remember when we had problems with our insulation. I was so glad that we didn't have to pay for it. It was great to have it fixed. 
 
Anita Mas | http://www.allweathershieldpa.com/services.html

posted @ Thursday, June 19, 2014 6:54 PM by Anita Mas


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

posted @ Tuesday, June 24, 2014 12:08 PM by Edmond Vandergraff


I hope your walls were replaced quickly. That is certainly not safe living conditions. I'm glad we only have minor renovations to do to our kitchen. http://www.infinitycabinetmaking.com.au

posted @ Tuesday, June 24, 2014 2:35 PM by Bob Strong


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! 
 
http://www.readswaste.com.au

posted @ Tuesday, June 24, 2014 3:34 PM by Simon Adair


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/

posted @ Thursday, June 26, 2014 2:48 PM by Talmage Dangerfield


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

posted @ Thursday, June 26, 2014 6:22 PM by Brittany Matthews


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

posted @ Wednesday, July 09, 2014 9:00 PM by Brittany Matthews


Our association remodeled our kitchen and wanted us to pay for it. After discussing it with the HOA they ruled that the association should pay for it themselves. We were renting, and planning on moving a couple of weeks later anyways. http://www.fredericksburgvahomebuilders.com/remodeling.html

posted @ Tuesday, July 15, 2014 3:21 PM by Tony De Azevedo


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

posted @ Wednesday, July 16, 2014 10:01 AM by Jennifer Davies


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

posted @ Friday, July 18, 2014 9:43 AM by Emily Merrell


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

posted @ Friday, July 18, 2014 3:45 PM by Marcus Fillion


Most insurances will cover hotel fees. I would get rates from the local inns. Then contact them to figure out the best options. 
http://hamptoninn3.hilton.com/en/hotels/idaho/hampton-inn-and-suites-boise-meridian-BOIHSHX/index.html

posted @ Saturday, July 19, 2014 12:23 AM by Elias Rufus


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

posted @ Wednesday, July 23, 2014 3:14 PM by Deuce Masterson


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

posted @ Wednesday, July 23, 2014 7:09 PM by Brittany Matthews


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

posted @ Tuesday, July 29, 2014 9:16 AM by Talmage Dangerfield


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

posted @ Tuesday, July 29, 2014 7:16 PM by Brittany Matthews


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

posted @ Friday, August 01, 2014 5:38 PM by Jennifer Davies


If you are remodeling your home and you are bound to find something wrong. If it is a big problem then the association should pay for it since it isn't your fault. If you had mold or something then they will pay for it. 
 
http://www.hrcincorporated.com/HandymanRepairs/renovation%20work%20one.htm

posted @ Monday, August 04, 2014 3:49 PM by Ray Smith


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

posted @ Tuesday, August 05, 2014 2:35 PM by Dolores Brown


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

posted @ Tuesday, August 05, 2014 9:26 PM by Brittany Matthews


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/

posted @ Thursday, August 07, 2014 3:54 PM by Jim Tracy


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

posted @ Thursday, August 07, 2014 6:34 PM by Anita Mas


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.

posted @ Tuesday, August 12, 2014 11:26 AM by Connie Santoro


I can't wait for my uncle to help me remodel our kitchen. All of the cupboards are falling apart right now. I think it will be done by Christmas. http://www.kitchenvillage.com/services

posted @ Tuesday, August 12, 2014 12:36 PM by Jim


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 

posted @ Wednesday, August 20, 2014 4:23 PM by Skylar Mitchell


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

posted @ Friday, August 22, 2014 8:38 AM by Jennifer Davies


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