Condo Association Management Blog

when I repaired things in my condo community the board flipped their lids too. 
 
Turns out there is a contractor/wife and board member who are out to run the place down so that they can make money from construction management fees. 
 
We haven't been painted in 14 years because these guys have the hose kinked and no maintenance is going to get done until the whole community decides to replace the siding.

To comply with your bylaws and your state laws any maintenance work done must be by employing the services of a licensed and insured contractor. A unit own cannot be permitted-regardless of his good intentions-to perform any such tasks. It is not only a question of meeting the requirements of the law but it is to protect the other unit owners from damages that might ensure that were cause by an unlicensed and uninsured indiviual.

You say your are a trustee?? There is no such in a condominium nor HOA. Do you mean Board member. Please be specific as to your position in this matter

Just tell this trouble-maker that you did have approval of the BOD, and no HE cannot just paint whatever, whenever he likes unless it's property that he owns. 
 
Seems there's always a rotten apple in the bunch and usually someone who never lifts a finger to help.

While it is very admirable that you have the will and ability to do many maintenance projects around the building, you also have an obligation to the other owners within the building. As Mr. Adler stated above there are many items in a condo that REQUIRE a licensed and insured contractor to do the work, especially electrical and plumbing issues as well as alarm systems, elevator systems and so on...you get the idea. Touch up painting, minor landscape, general minor repairs, changing out light bulbs, cleaning and other MINOR issues that can nickel and dime an association to death is just fine. But one must always bear in mind that those things at generally change the appearance of the building or repairs to common elements must be approved by the ownership and/or board. This applies to everyone in the building. The faux painted columns you use as your issue ARE an issue. You can't change the appearance of the building without owner approval, especially style or the color. Had you repainted the columns in the same manner and color, you'd be just fine if the Board authorized your work. 
Two other issues come to mind, 1st) if you do this work on your own with proper approvals, you should not be paid, simply reimbursed for materials, after all you are not a licensed contractor. If you are licensed then you're way out of bounds and must bid the work first. 2nd) There is an issue of liability for and the association. I'm pretty sure if your doing some service that required you to be up on a ladder, and you fall and seriously injure yourself; I'd bet you would want to have the association pay for your injuries or you may sue. This must be considered by the association. Additionally, is there any insurance in place that would protect the association and you? Finally, should you have made a repair or done a project that alters those things that might require an inspection by your local building authority, you'd be in violation of the law. You may also jeopardize one's ability to place an insurance claim because of such an illegal change. You can bet an insurance claims agent will be looking for such things in order to avoid a payment or seriously limit the covered damages. 
I admire an respect your desire to help out the entire association and keep your building in tip-top shape and hope you continue to do so, People like you are so desperately need this day and age. But please protect and respect the rights of others and get approvals when and where needed. Continue you good work!

PLEASE read your governing documents. Owners have no right legally to repair common areas. That is to be done under the direction of the Board of Directors.

Mr. Adler, Our bldg. is located in Boston, Ma. The language in our By-Laws refer to Trustees (not BOD). I am a member of the BOD. I have never requested nor expected to be paid for any work I've done in the bldg. Regarding the "faux" granite columns, they were painted previous, in the 1980's. I painted them the color they were prior to the work being done; the entire facade has been the same color since 1996. I painted the black rod iron, black. The only work I have undertaken is painting, touch-up painting, washing my windows and some cleaning. All painting I've done has been a like color to the existing color. We have building insurance which would cover any liability issues. However, I would not sue the Organization of Unit Owners if I had a slip and fall or fell off a ladder while replacing a lite bulb. All workmen, plumbers, electricians and contractors that I hire are licensed, insured and bonded. 91.09% of the owners approve of the work that I have done and the improvements I've made to keep our costs down. I'm in compliance with our By-Laws. I am well aware that the trustees (BOD) would have to approve someone changing or altering the common areas. These are the reasons why this owners attitude is so disturbing to me.

Fortunately, if you live on the East coast or in California, you have stronger laws to protect the owners, forcing the BOD to be more responsible to maintenance of the common areas. You should have a city department that will respond when it is brought to their attention the need for repairs as this may be a hazard to others surrounding your building. It sounds as though you do not have BOD that cares like mine, but one bad owner. I had to call the City of Houston on major water leaks and sewage running from our property into the street at my complex because the maintenance man (brother-in-law to one of the directors) would not take care of the problem. The complex paid some heavy fines out of my fees so I did not accomplish much. 
 
You also have stronger trade unions then we do requiring the work be done by licensed professionals. In Texas where I live, the laws are so lax that most of the time if the owners did not maintain the common areas themselves the work would never get done. I have rebuilt my patio fence, my outdoor storage area, my trim on my chimney to stop the interior leaking, my front door to stop the druggies and prostitutes from entering the unit, just to name a few of the items. I dare them to say a word as my HOA is approaching breach of contract on these issues, but I do realize the responsibility I am taking. But as it was stated in an earlier posting, don’t get attorney’s involved—you can hire a professional tradesman with gold-plated tools cheaper or in Texas, an undocumented laborer without tools for $25.00 an hour. 
 
I agree, there is a problem if you should get hurt while on the job, or hurt someone else, then both you and the complex would be at fault. Often, even if you had permission from the Board, you may still be held liable should damages to other property or an injury occur. But then, if the BOD is not authorizing needed work, sometimes you just have to take charge to protect your interest. I made that decision and didn’t tell them, but got into “hot water” because the other units wanted their exteriors repaired to match mine. I also admire you for putting forth the effort—someone has too. 
 
 
 
In Texas, my By-Laws use trustees and BOD interchangably. 
 

I have a homeowner who shares access on the second floor to each unit..her daughter goes out and smokes. The other unit is for sale. How can I stop her from smoking (sitting in a chair at the top of the stairs everytime a new perchaser comes to look at the unit for sale) It is hurting the sale and the realtor is upset.

If there are no restrictions against smoking, you can't ask her to stop. About all you can do is speak to her and politely ask that she not smoke in that area when the unit is being shown by a realtor.