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Condo board, owners diverge on association repair responsibilities

Posted on Fri, Sep 24, 2010 @ 07:48 AM
  
  
  
  
  
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condo association boardIn our condo association's public offering statement, it says that the maintenance, repair and replacement of all windows and doors including the garage door is the responsibility of the homeowner. I took this to mean that if the window doesn't open correctly, we need to take care of it ourself, etc.

I thought this is what maintenance meant but now our condo board is saying maintenance means painting and we have to paint our own door and garage door.  I have been living here for 14 years and have had my front door and garage door always painted by the condo association. This board is trying to say that was only a courtesy and they do not have to do it; yet none of the people on the board are here long enough to know anything. They have all been appointed as of now and no one has been elected.

This board who we want to get rid of actually tries to get out of doing anything but replacing items that do not need to be replaced. I live in N.J. Can anyone tell me if the State of New Jersey authorizes this. I have a funny feeling our board is being advised by someone who thinks they are smarter than they are. Thank you for your input.

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Comments

How do we all get maintenance done when Boards make up their own rules. Way to much power. One of our Board members just resigned. Who did they choose to come on - one more owner who has no additional money invested in his condo and who always votes no for improvements. We can't win no matter what we do. Looking forward to responses. Again, we go to the City Building Codes to get anything done now. They cite us, the Board has no choice. Check there. Maybe you'll find a niche.
Posted @ Friday, September 24, 2010 8:08 AM by maryann
Check your condo docs, not just the public offering. If your condo docs state that the "maintenance, repair and replacement of all windows and doors including the garage door is the responsibility of the homeowner", then you are responsible for painting your own door and garage door. 
 
Past Boards may have had a problem with getting owners to perform the maintenance, and therefore rationalized that it was less expensive to buy a $20 of paint and have an employee paint it than have to utilize management (or Board members' time) writing letters, issuing fines, making legal demands, etc. 
Posted @ Friday, September 24, 2010 8:50 AM by Joyce Nord @ bestcondomanager.com
Download a copy of your state's condominium act. Such a law pre-empts any conflicting rules in bylaws.
Posted @ Friday, September 24, 2010 9:30 AM by Charles Adler
Mr. Adler...if the prospective is stating that the responsibility to maintain the doors and windows are that of the owners, then that would be stipulated in declaration or by-laws, not simply a rule as you refer. 
 
I would also like to add as well that due to the economy, Boards are being forced to look at anyway to cut expenses possible so they can keep operating costs low so that they can keep foreclosures low.
Posted @ Friday, September 24, 2010 9:36 AM by Joyce Nord @ bestcondomanager.com
It should be stated in your By-Laws what is covered. We are having problems because the By-Laws haven't been reveiwed or updated for years - so there seems to be a lot of grey area left up to interpretation.  
 
We are also hiring a management company - the ones I''m interveiwing assist at meetings and will help the HOA with agreement process. All for a fee. We too, have half the owners in bad financial condition - some for years and they've blocked every effort to perform needed maintenance - even when I bring up code violations. Finally talked most into the managemnt company just for the meetings. We are small so most owners present at meetings, can you attend meetings to get 'understandings' clarified further?
Posted @ Friday, September 24, 2010 1:38 PM by Sue
In what state are you located?? Have you reviewed your state's condomionium ACT"?
Posted @ Friday, September 24, 2010 2:20 PM by Charles Adler
I'm also having problems with my windows and the association refusing to replace. My problem is that water is dripping from the top of one of the windows. A glass repairman said that the windows weren't installed correctly. The water is getting underneath the siding, coming down the top, half round, window and causing the problem with the bottom window. The unit owner is responsible for the windows but the association is responsible for all other 'external' structure. Shouldn't they replace the window since it's lack of sealing and maintenance that caused the problem?
Posted @ Wednesday, March 23, 2011 6:39 PM by charlene
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