Repair and Maintenance
QUESTION: I live in a condominium and despite repeated requests over a 2 year period, I cannot get the homeowner association to perform needed repairs on my home. A piece of siding blew off in March 07 and it is still off and it is now over six months later. My door frame is rotted to the point that the door leans and needs to be propped up before the lock will meet the strike plate. I don't know what to do, my insurance company won't cover the damage because by the bylaws the association has to perform the tasks. Can anyone help me?
ANSWER: Unfortunately, sometimes people (including associations) do not do what the law or the governing documents require them to do. Assuming your documents do require the association to fix the problem you've described (and this is never a sure thing, and something I cannot advise you on without thoroughly examining the documents), then you are essentially stuck waiting on the association for the time being, and you would ultimately have to file a lawsuit to force the association to act if it refuses.
I would first send a certified letter to both the Board and the property manager explaining the situation and demanding that the repairs be commenced by a certain date. It is very important to clearly state in your letter exactly what you want done and a deadline by which it must be started. If the association fails to act, then you can either perform the work at your own direction and expense and then sue the association for financial reimbursement, or you can sue the association to force them to perform the work. Depending on what your documents say, it may not be permitted for you to perform the work (that is, it might be the case that only the association has the right to touch and work on the siding). If so, then you should be careful not to commit a new violation which would give the association some cause of action against you.
Greg Montero