Put the Roof Repair Request in Writing
QUESTION: We have owned our condominium unit on the top floor of the building for about three years. A few years prior to our purchase of the unit, a roofer resurfaced the roof and then declared bankruptcy.
For the past 2 1/2 years, the roof leaks every time it rains. The ceiling and paint in our condominium have been damaged.
The association employs a handyman who performs work under the direction of one of the condominium owners, a retired builder who donates his time. At least five attempts to repair the roof have been unsuccessful.
In spite of the continuing problem and our request for outside advice, the board of directors has not sought professional help. In desperation, I have contacted a roofer to get a repair estimate. How should I proceed?
ANSWER: Since the roof is common area, the board of directors has an obligation to hire someone who can determine the cause of the problem and repair it. The board’s failure to take appropriate action has caused damage to your unit. Their cheap solution has created a costlier problem since they can be held responsible for the resulting damage to your unit.
As an individual owner, you do not have the authority to engage a roofer and repair the leak yourself. You should resort to self-help only after written demands and deadlines are ignored by the board of directors.
Some leaks are difficult to repair, but after numerous attempts, the board must realize that a licensed, professional roofer is needed. If you have not written to the board, put your request in writing, giving the board a 30-day deadline for their response telling you how soon the roof will be repaired.
The board will probably resent your persistence, but you have the right to a timely response since you have been enduring this problem for more than two years. The board members should imagine themselves in your situation and act accordingly.
If the board fails to respond to your letter, you should then notify them that you will be repairing the roof and collecting from the association by taking legal action. You may have to force the association to accept responsibility for proper repairs to the common area.
Bear in mind that by taking on the responsibility to engage someone to repair the roof, you and your contractor can then be held responsible if any further damage results from your roofer’s work. Find a roofer who will provide a certificate of liability and workers’ compensation insurance, a contractor’s license and, if possible, a warranty on the work.
Homeowner Board Never Has Meetings
Q: My homeowner association never has any meetings. I think that one of the board members is making all of the decisions without communicating with any of the other board members or the owners.
Is the board supposed to have regular meetings? How frequently are the board members elected?
A: If your association is like most, the owners should be meeting for an annual membership meeting every year. The purpose of the meeting is to elect the board of directors of the association.
The board of directors has most of the decision-making authority for the association. Even in a small association with less than 30 units or lots, the board should meet at least on a quarterly basis to review financial reports and bank statements and follow up on any delinquent owners or rule violations. Written minutes of the annual meetings and the board meetings must be taken to provide a permanent record of any action taken by the membership of the board.
Check your association’s legal documents for the frequency of meetings. Usually, the bylaws will specify when and how the membership meetings and board meetings are to be conducted. The bylaws will also indicate the terms or number of years that board members serve on the board and how vacancies on the board are to be filled.
