Condo Association Management Blog

I would say they have a duty to do so more so than they have the "ability to". Chimneys filled with creosote and dryers filled with lint are a major cause of fires. Insurance companies will require that they be cleaned on an annual basis if they are going to insure the units. Pipes bursting due to freezing are excluded on an insurance policy unless the association has "done their best to make sure the heat is maintained in the unit" (quoted from policy language). Bursting water heaters (and bursting washer hoses) are a major source of water damage claims.  
 
 
 
All of these items you just mentioned all lead to insurance claims. The association has a fiduciary responsibility to do what they can to reduce insurance rates for the association. The best way to do this is to reduce the chance of claims. In addition, they have a social responsibility to ensure that the upstairs neighbors are not causing a hazardous situation to the downstairs neighbors (water losses) and their neighbors within the building for fire hazards. Finally, if the insurance company requires such measures, then they need to comply weith the carrier in order to maintain the coverage required by the association documents. None of the items listed above are unreasonable and are the same tactics a owner of a single family home should be doing as well.

I would like to add to this subject .....can anyone also help to clarify in which respects the Florida Condo law changed in regard to condo associations having(some?) maintenance responsibilty for the original AC system equipment, and for slider doors?  
 

I can tell you this; if the Associations start passing laws demanding unit owners to replace items in their units, or try to tell them what temperature to keep the thermostat at (within their own units); this would be THE END to people buying any property rules by such an Association. So if they want to totally kill this huge marketplace, they can go ahead and try these kinds of tactics. But again, it will be the end for Association rule....or the end to anyone buying into them.... 
 

(reprint due to spelling) = I can tell you this; if the Associations start passing laws demanding unit owners to replace items in their units according to their timeline assesments, or try to tell them what temperature to keep the thermostat at (within their own units); this would be THE END to people buying any property ruled by such an Association. So if they want to totally kill this huge marketplace, they can go ahead and try these kinds of tactics. ...It is way past time we put the breaks on Insurance Company rule. . . They want to TAKE your money but don't want to pay out.... 
 

This would also cause a 'papertrail nightmare' for condo management, trying to keep up with the lifespan of every unit within these large condo association buildings - which would ultimately cause increases in your maintenance fees !!!

KellI 
 
 
 
It would bnot cause the paper trail trials and tribulations you state.  
 
Most savy property managers have been able to get mass discounts for a chimney sweep, dryer vent cleaning (usually these two trades are done by the same professionals) if they are scheduled to be on site for a week. Negotiations are often done with supply companies for discounts on a large order of washer hoses, etc.  
 
Ask your own HO-6 carrier what they will cover on a frozen pipe if the heat was not maintained in your unit????? While you find that insurance companies want to take your money and not pay out, I find that insurance companies DO NOT want your money if you are not doing the things to minimize your chances that they will have to pay out. It is an insurance company, it is not your personal maintenance man. Insurance rates are at an all time low right now. From an underwriting perspective, the are charging less in premium $ than they are paying out in claims, with all of the profits coming from investments. The tide is about to change and rates will be going up. Increasing rates will ABSOLUTELY increase your fees.

Keeping a/c running is important in Florida because of potential mold problems. the temperature and humidity in your unit is important to all the owners--mold travels quickly. It is a matter for the Board.

State law and the declaration and bylaws of your Association delegate to the Board certain authority and to the owner certain rights. Read these documents as things vary from condo to condo even in the same state, and in my state (Washington)also vary depending on which condo act your Association was formed under.

Most state condominium act dictate the procedures that must be followed to establish rules for unit owners. Generally to adopt a new rule a majority vote (more than 50%) of the council of unit owners is required. A condominium Board of Directors cannot unilaterally impose a rule unless the council of unit owners has formally voted to delegate such authority to them.

The services we expect as an owner of a condo have a large effect on the dues assessed.  
 
as property ages maintance becomes more important and we should expect this and budget for it. 
 
Many condo owners seem to think that the dues they pay covers everything that can go wrong, and eventually will. 
 
Only when we fully understand the costs of owning and maintaning our property can we make the best of it. 
 
Remembering that every owner has a shared responsibility for upkeep and repairs, is just a part of ownership of any type of property. 
 
The bottom line is that we share in all common expenses.

Require the board to meet and confer if you are in California, as the board must send a representative to meet with you (Civil Code sec. 1363.840) 
Have a few homeowners gather together to require the board to resolve matters on a special meeting.(Bylaws of your condo has special meeting, how to call). 
In either of the above, the subject matter is whether the actions are in good faith or for retaliation or harassment on homeowners who wanted to audit the board's book?

I would be the happiest person alive if my condo HOA and PM only forced us to keep the temperature at a certain number or clean the dryer vent and chimney. Our condo HOA president approve that our roof and skylights be changed when they were 20 years old and no one out of the 4 people living in the 4 condos had a leak and we never complained. They took out upscale skylights that never had to be washed from the outside, were so thick they never broke or leaked in 20 years and they were tinted and they never faded my furniture. Our HOA president approve the roofer to buy the absolute cheapest skylights on the market which is an economy line put out by Velux that sells for $225 at Home Depot. I looked into what our original skylights would cost to be made and installed and found out they would have to be custom made because no one stocks skylights with all the upgrades and would be over $2,000 with installation. Our original skylights had copper flashing also. This roof and skylight change was done to 3 female senior citizens and one 60 year old couple out of 90 condos in the development. The only reason the project was approved was because the lawyer for the condo lied about the credentials of the person who made up a report for our condo HOA. The lawyer referred to the person as an engineer when the person who made the report up had a degree in Zoology and became a building inspector. I am the youngest of the 3 senior citizens and the only one who didn't pay for the skylights which were priced at $3150. I didn't pay because one skylight leaked on my cherry wood furniture and they wouldn't take care of that and the condo lawyer wrote to me calling me a fraud and they wouldn't put in a claim. The PM hired an uninsured roofer who knew he was removing expensive skylights and replacing them with ones that cost $225 at Home Depot and he felt bad about it but said he needed the work. Three out of four of the condo owners had leaks from the new roof which our PM hired other contractors to take care of but it seems like everyone in my condo is just too busy to be involved and even new people on the board would rather be friends with the HOA president than fight for me and the three other condo owners. The new skylights are so thin I cannot sleep in my bedroom at night when it rains and when planes go over our condo it wakes me up because of the thin glass on these skylights. I also get condensation and some of the skylights are getting soiled between the glass. The HOA president put a lien on my property for $5700 which I thought was illegal in the state of New Jersey as I read the lien can only be for the actual amount. Living with people like this has made me lose trust in anyone and it is horrible to be this way. The new cheap skylights are against the bylaws and everyone I tell this story to thinks they resold the skylights since the condo's lawyer made a special call to my lawyer saying it would be a hassel for us to get rid of them and said please convince them to have us take the old skylights away so they won't have to worry about it. At that time I was so upset by this that I couldn't function as I have something called Narcolepsy and stress paralyzes people with this condition. Clean my chimney and my dryer vents would have been a gift compared to what I have been put through. Even the DCA couldn't help me when lawyers lie in writing to them.

Can you clarify the term "hot water boilers"? In the construction industry, that kinda implies your building has one big boiler that provides hot water for both domestic use (showering etc) and for heating. If that's the case, then there is some logic to replacing it when it gets to a certain age. This is not typically a one day job, and these kind of units are not in stock. 
 
If you are referring to a unit in your individual unit that ONLY serves your unit, I sincerely doubt the association can MAKE you replace it. Keep in mind however, that these units also have a finite life (and 10 years is pushing it). The unit can leak. If it does and creates damage to other units, that is your resonsibility.

Most states have a co9ndominium act which contain the procedures that must be followed fior the association to adopt a rule. Most require a 50% majority vote for adoption.

In the Commonwealth of Virginia is a patio sliding glass door considered the unit owner's responsibility or that of the Condo association ?

I find you are constantly posting on a number of boards. While your questions seem legitimate there are so many of them that I wonder if you are really advertising Supra Shoes?