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Condo buyers get with sub-par insulation in walls of their unit

Posted on Thu, Jun 21, 2012 @ 08:35 AM
  
  
  
  

I've been a resident in the community for three years. One of the major problems in the buildings is insulation (we weren't told that when we bought it). When several owners expressed concern about the insulation issue, the Board asked us to form an insulation committee to investigate and propose next steps. As a part of that effort, we found out that the association brought a lawsuit against the builders about structural issues including insulation and the association won. There was an evaluation/report done by an engineering company that was one of the key pieces of evidence in the case. So, we asked the management office for the report itself, the settlement, and the itemized description of what was done to correct the problem and how the money won was spent. The management office has been unable to find any of that. We've found the case information in public records but have no way to get a copy of the engineering report or how the association spent the money (and whether or not they tried to rectify the issues). Rumor has it that whoever threw the biggest fit got their condos repaired, but who knows. We've asked the management office to go to the engineering company and the courts to request any records they can't find and they are refusing to do it ... I don't know what to do. Thanks, Alcora

COMMENTS

The managing agent is an employee of the Association and answers to the Board. Unfortunately in most condo's the Board assumes a subservient position to the managing agent. That needs to change! In Washington State Association records are required to be open for inspection. Good luck. You sound like a wonderfully responsible owner. I wish you lived in my condo.

posted @ Thursday, June 21, 2012 9:19 AM by Lynn


Souns like someone on your board is declaring "executive priviledge". The Board should have records that show everything you want to know. The Board had to make decisions st the time the money was received which should be frecorded in minutes. Looks like a cover up.

posted @ Thursday, June 21, 2012 9:36 AM by RPB


Issues like this are common in condo communities. An Unresponsive Management and Board to most owners. The owners that get attention are those that attend meetings and are active in their community. If you are an owner, act like one and be interested/involved in your community. Most condo owners act like renters and don't pay much attention to issues unless they are directly affected. In most cases, you get what you give.  
 
Give more attention to your community and you will get more out of your investment.  
 
Now, if the insulation is a major issue to you, get a few bids and take care of it on your own. You will probably benefit from this so it will all work out just fine. Perhaps in the future you will become more involved in the board's actions. Who knows? You may serve your community by joining the board. Good luck.

posted @ Thursday, June 21, 2012 10:00 AM by Lweiss, Realtor


I see the problem here. The board has asked you to do a task as a committee - and in an effort to do a great job, you're going beyond the scope of the original task. That's laudable, but also the problem. 
 
The management company takes direction from the board. Unless they have been directed by the board to take direction from the committee, you may be asking them something they shouldn't be doing, can't do without approval or under contract may incur additional costs that they need approval for prior to performing. 
 
The committee should put together a written report with your findings and recommendations on the next steps, along with what the committee volunteers to assist with on the next steps. It is clear the next steps for the Association are to obtain those records. There most likely will be some time, effort and cost involved in this project, so the board may want to decide if they will have the management company do it for additional compensation, another entity (such as an attorney) or a volunteer to do this leg work. 
 
Committees should always do what they are tasked to do. You were tasked with investigating and proposing the next steps. The committee appears to have done a great job - you investigated, found out items and can propose the next steps. Kudos to your committee and their outstanding work.

posted @ Thursday, June 21, 2012 10:21 AM by Joe Schuirmann


I feel the need to state, after reading some of the other responses to be wary and careful of bad advice and of what I term the "conspiracy syndrome." 
 
The ASSOCIATION should have those records, but records get lost. The management company is often, but not always, hired by the Association to keep their records. Some Associations have the management agent only keep the current year, and when that year is over, they take them and store them.  
 
Here are things we don't know - Has the board changed? Has the Association changed management companies after the event? Where are the records? Where did they go? What directives or direction has the current board given to the current management company?  
 
Making assumptions usually just leads to trouble and to conflict. Just deal with what you know. 
 
What we know is that there was a lawsuit, there was a settlement and there was work done. We know that to make an informed decision, the board needs the original engineering report and recommendations, the lawsuit and the resolution/agreement/judgment of the lawsuit, the contracts and scope of work, the name of the contractor, the invoices from the contracted and approved work and any related records to the project, project findings and completion. Board minutes should be obtained as well. 
 
The committee should put all of this in its report and then seek further direction from the board. 
 
When boards take the advice of their management company, it may SEEM like the management company is in charge, but they are a group of people making the decision. The management company is, or should be, advising, recommending and carrying out the decisions unless they are illegal. If they are unethical but legal, well, that is up to the management company. They can let the client go or go along. 
 
However, I would not recommend "taking care of it on your own" because it is shared property with legal obligations and legal ramifications. That is an option, but one that may (may, not for sure) create more problems for everyone. You also might do that and it might not be a problem, but you might never see that money that you put out. 
 
The board has not been unresponsive. They answered, had a committee formed and are probably awaiting the report and recommendations. The committee may be thinking that they need to recommend a fix. Well, because people don't know where the records are, you report what you know and the recommendations based on what you know. These recommendations should be easy - obtain the records needed so that the board can make an informed decision.

posted @ Thursday, June 21, 2012 10:36 AM by Joe Schuirmann


You need to know which units have insulation problems. One suggestion is to call an energy auditing company or building inspection company. They can very quickly pinpoint insulation problems with thermal imaging FLIR cameras. It's inexpensive, and may be better than an old engineering report and repair records. Once you know where the problems are, you can focus on fixing the units that need work.

posted @ Thursday, June 21, 2012 12:31 PM by JT


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