Association Took Time in Requiring Paint Job

QUESTION: I live in an association in Palm Springs where owners are responsible for their own roofs. We put a new roof on our condo about a year and a half ago. Recently, the association notified me that I must have the flashing painted.

My husband passed away six months ago and he took care of things of this nature. I contacted the roofer but he said that he didn’t do painting work. I finally had to hire a painter at a cost of $80. Why did they wait so long to notify me about this? What recourse do I have?

ANSWER: Shame on the association for waiting so long! You have obviously had some difficulty dealing with this situation and I can understand your frustration.

The association probably has the right to control improvements and ensure that work is properly completed even though you are paying for the work.

Therefore, I think that you did the right thing when you responded to the association’s letter and paid for the painting work. You can now rest assured that the work is completed and the flashing is protected from the wind and rain.

The association’s board or architectural control committee should have acted promptly if the work did not meet with their approval. Perhaps they contacted your husband about this prior to his death.

Remember, these people are volunteers and, since you live in a resort area, board meetings may be difficult to schedule. If I were you, I wouldn’t be too hard on the board. Their job is not an easy one.

Since you asked about recourse, though, you can check your association’s rules, the architectural guidelines, and the rules and regulations. Some associations have documents that state that if an improvement has been completed for a specific period of time without notification of a violation from the association, then the improvement is acceptable and the association cannot take action at a later date.

Jewelry Damaged in Sprinkler Mishap

Q: A lawn sprinkler sprang a leak and flooded the entire front of our condo. I made a frantic call to the manager, who turned the sprinkler system off.

About one month later, I opened a floor safe and found that several thousand dollars worth of jewelry was sitting in 4 inches of water that had seeped through the exterior wall and into the safe. I called management and was told that the association is not responsible for damage inside the condominium.

My pearls, appraised at $6,000, were destroyed. A watch had to have the inner works replaced and all of the jewelry had to be cleaned. My homeowners’ insurance would only partially cover the damage and my insurance company feels that the association’s liability policy should cover my loss. Please advise.

A: If the damage was a direct result of a faulty sprinkler on common area maintained by the association, then I agree that the association’s liability policy should cover your loss. If you have already taken care of the damaged jewelry and do not have documentation or evidence, it may be difficult to collect at this point.

Contact your board of directors and the management company and request the name of the association’s insurance carrier for the purpose of filing a claim. Enlist the help of your own insurance agent if necessary.

Push Condo Board for Action on New Fence

Q: I live in a condominium with more than 150 units. I am one of the few owners who attend board meetings. The board procrastinates with everything that needs to be done.

We have several wood fences that need repair because of a windstorm more than a year ago, but the board keeps telling the management company to get another bid.

One board member is holding out for concrete block walls even though there isn’t enough money in the reserves for this. The property manager tells me to write to the board. I have written several letters but there is never any response, not even a phone call. Most of the owners are not informed or do not care. What can be done to make the board respond?

A: You have a choice based upon your level of frustration and the amount of time you are willing to give to the association.

How bad are the fences and how drastic should your response be? What would you do if you were in the board’s shoes? Think about these factors before you take further action. It is easier to sit in judgment of the board than to serve on the board of directors. The board is probably just as frustrated with this situation as you are.

A helpful approach would be to volunteer to serve on a committee to obtain bids and make a recommendation to the board for the fence repair. The aggressive approach would be to write to the board again, requesting a written response by a reasonable date.

If no action to repair the fence is taken and the board does not respond to your letter, you might contact an attorney who could write a letter reminding the board of its responsibility to maintain the property.

Hickenbottom is president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” CAI, P.O. Box 84303, Los Angeles 90073.