My husband is President of a 52 unit complex built in 1973. Most bldg's have 8 units...4 up/4down. Upstairs units have cathedral ceilings in living area..low lg window & church shaped upper(3part) window..a deck/porch. Both sides of an upper part of a cathedral have problems. One side cracked & other side pulled away from bldg frame having gap allowing air from outside in. Window co.said gap appears to come from settling so then crack possibly same. This is a 1st! History:In past front architectural design has a 1' build out on 2 up/down windows in each section of bldg. Many of these windows have leaked, due to cedar siding/poor orig installation & complex has borne cost to repair over years.(possibly wrong decision) Also have another building settling causing lg cracks,inside door open/close problem & a cracked cathedral window..again complex has borne expense. (We are the complex w/huge fire..1.4M insurance claim settled last fall.)Also due to storm causing creeks to wash into pool & banks of lake washed partially away + added expense from fire restore, we have only $10,000 left in reserve. Our dues $269 on lake/$234offlake...our tax values have fallen from $90's + to $70s w/3-4 foreclosures having sold in $40's. Complex setting is lovely on 2 old fishing lakes w/1450 sf/unit. By laws say re:fire/hazard we are an "all/in" complex/thank heaven w/fire. Description of units.. applicable:windows,screens,doors, including frames,sashes & space occupied thereby.) and then the inside... Dropping down to Care of Common Areas & Facilities: Cost of landscaping,gardening,snow removal,painting,cleaning,tuck pointing,maintenance,decorating,repair&replacements ofCommonAreas&Facilities by Ass. determining right & proper,(but not including interior surfaces of units or "Limited" Common Areas & Facilities (deck) which the owner shall paint,clean,decorate,maintain & repair.)but the painting of exterior surfaces & (all surfaces of storage areas),operation pool, rec area,furnishings etc. by Association. Then Management,Maintenance,Repairs,Alter ations&Improvements:Owner.
1.Maintain,repair&replace at his expense all portions of Fam Unit etc.etc. located within his unit & likewise all LimitedCommon area designated for his use. 2.Maintain & repair all windows,doors,vestibules & entryways of his Fam Unit & all associated structures&fixtures therein,which are appurtenances to his Fam Unit. Foregoing includes without limitations,responsibility all,breakage,damage,malfunctions "ordinary" wear&tear of such appurtances. Now skipping to Construction Defects:latent or patent defects in material workmanship..refer to warranty(way past that) does not assign particular responsibility. My questions: In your estimation have we been in error taking on these repairs of leaks during rain storms, settling issues and now this cathedral. If you say wee erred...can we now change by explaining error. Would precedent then have any bearing, meaning on owners could say you have repaired others so must repair my window,etc. Are we responsible for settling?(builders have said quite common in our area due to eternity past and land!) A thought; a homeowner buys older home without current/past problems..he must repair or not with no one to go back on assuming no prior problems. But condo owners pay maintenance...does that leave all in our lap? Being low on funds...a change in our policy would certainly be a blessing if it would be right and proper. If I have missed important info for a response, I'll be glad to answer any questions. Ann PS:Not sure where to go for bylaw/declarations clarification. Both our attorney and insurance company read our by laws wrong re:the fire. An owner's adjuster w/years experience put my husband & I on right track with "all In". A little research /digging & found a previous smaller fire here. Our adjuster then found past info online & went to attorneys & they changed reading...huge expense for them & blessing for us! But what does that say about reading of by laws by attorneys!
