In an effort to keep you up to date on changes in the law and regulations, in this edition we want to update you on lender questionnaires for condominium communities and a new law regarding the termination of association management contracts.
Lender Questionnaires – A Call to Action
Two entities, Fannie Mae and…
CA DAY is approaching. After being called off for the last two years it will be held on March 12 all day at the Virginia Beach Convention Center. You can read all about it on www.sevacai.org. An excellent day of information and interaction is planned. Mike Inman and Jeanne Lauer are presenters in two of…
We are often asked by Boards of Directors to assist them in determining the maintenance, repair and replacement responsibilities for certain components in their Association when the provisions in their governing documents are ambiguous about such responsibilities or are absent altogether.
First we need to distinguish the difference between ownership of common elements in a condominium association and ownership of common areas in a homeowners association. In a condominium association each unit is owned individually and the common elements are owned jointly in common with all of the unit owners. In a homeowners association each lot is owned individually, but the common areas are owned by the Association (not by the lot owners). To make it more challenging sometimes condominium units appear to be small lots. We realize these are subtle differences, but it is important for purposes of this discussion.
Continue Reading Maintenance Responsibilities: Who is supposed to do what?
Q: Our townhouse development has recorded covenants which require upkeep of the exterior to a high standard by each owner. Not all owners follow the requirements. Some hire third rate contractors who do a poor job or take months to finish what they start. We need to find a way to get better quality work done by our homeowners and get it done quickly after starting. Our board is thinking about starting a list of acceptable contractors who we have seen perform well and requiring the owners to use them. Any suggestions?Continue Reading Owner Maintenance
Consider the situation where the Board of Directors has decided that they want to upgrade the appearance of an aging townhouse style condominium and they are talking about requiring all the unit owners to replace certain areas of vinyl siding with Hardiplank or similar high grade exterior product which is a much more expensive material. They are also going to require solid wood decorative shutters on some of the windows. The plan is to get bids, enter into a contract, and assess the owners because the association doesn’t have any money in reserve for this project. Some owners consider these improvements to be upgrades and say that the Board shouldn’t be able to require the owners to pay for upgrades as opposed to replacements. This article can also apply to some degree to townhouse communities which are not condos but where the association has the responsibility to maintain the exteriors of dwelling units and common facilities.Continue Reading What to do when the Board wants (or needs) to upgrade the condo exterior
