Owners Should Get Trash From Pool Area
Question: The pool area of our condominium complex is a busy place in the summertime. I am disturbed about the amount of trash around the pool and in the pool area restrooms.
We have a janitorial company that is paid to clean the whole complex. There are soda cans and other trash left in the pool area for days. The tables always seem dirty.
The board of directors refuses to fire these janitors, and the association’s contract with the janitorial firm was just renewed. What can the owners do?
Answer: The owners should be cleaning up after themselves and putting cans and other trash in the waste containers. An owner or resident should not approach the cleaning staff.
Have you attended a board meeting or sent a written complaint to the board? Does the association have rules that require owners and residents to leave the pool area in a clean condition? Communication with the owners via a reminder in the newsletter may help.
Don’t be too critical of the janitorial firm until you have learned all of the facts. The problem may be the specifications in the contract. The contract should specify the frequency and the detailed responsibilities of the cleaning staff.
Poor communication or lack of supervision within the janitorial company could be contributing to the problem. The people actually doing the cleaning may not be aware of their specific duties.
The board of directors may be economizing on the cleaning costs based on the wishes of a majority of the owners. It is not easy to please everyone. Some may want more services while others want to keep the costs to a minimum.
If you think that more frequent cleaning is needed, let the board know how you feel and find out if other owners agree with you. Communicate with the board; don’t speak directly to the cleaning crew.
Ideally, everyone should think of the entire complex as their home. If you see litter and debris left by others, why not just pick it up? In a friendly tone, encourage others to do the same. Otherwise, the situation could get worse.
Seller, Agent Should Provide Documents
Q: My daughter is purchasing a townhouse in an association that does not have professional management. She reads your column and knows that she is entitled to see financial reports, reserve study and other documents.
The volunteer board member who serves as treasurer was rather curt with her and said, “We’ve never had anyone else ask for this information. I don’t know where to find all of this.” My daughter is persisting.
I just wanted you to know that there are probably lots of associations that don’t know about the law and couldn’t care less, especially if it inconveniences them to comply with the legal requirements.
A: It is the seller and the seller’s agent who should be obtaining the documents from the association. As your daughter has learned, if she relies on others, she may not get what she needs.
I believe that some associations that seem indifferent really know what is expected, they just don’t want to be bothered or they simply want to run things their way. I frequently hear from readers who take my column to the board meetings so that the board members cannot plead ignorance.
There are escrow officers who think that no one reads the association’s governing documents anyway, so they wait until the closing and dump all of the documents on the buyer at the last minute.
That’s not the way it is supposed to be. The seller is supposed to supply the governing documents and other pertinent information noted in Civil Code 1368 as soon as practicable before transfer of title.
I have owned properties in community associations for more than 14 years and served as a board president. I would never purchase in an association without getting all of the disclosure information within the contingency period, well in advance of close of escrow.
Even the most informed buyer who obtains all of the transfer disclosure documents still can be surprised by dictatorship, board indifference or other association problems. At least your daughter is forewarned about the level of service that she can expect from this particular board.
Shabby Building Sends a Message: Don’t Buy
Q: I am looking for a condominium unit to purchase. I found a unit that I like very much, but the common areas seem to be a bit shabby.
The lobby furniture and paint colors are ‘60s vintage and the carpet in the halls needs replacing. An acquaintance of mine lives in the complex, so I asked a few questions about reserve funds and when the association will be redecorating the lobby and halls. I was told that there were no plans and that an increase in the assessments was recently voted down.
My real estate agent says that I should buy the unit if I like it and not worry about the rest of the building. He suggested that I could get on the board of directors if I felt strongly about upgrading the common areas.
What advice can you give me?
A: Don’t marry someone thinking that you can change your mate’s faults after you are married. The same advice applies to associations. It is very hard to change the status quo. Even if you were elected to the board, if the majority has a different opinion, you will feel powerless.
As for your real estate agent’s advice, the common areas do affect the value of your property and, perhaps more important, your happiness. Imagine yourself living there and seeing the shabbiness every day. I think you would regret your purchase. Keep looking and keep asking questions of the owners in the buildings where you are interested in purchasing. If you can see deferred maintenance, be wary of unseen problems.
Send questions to: Condo Q&A;, Private Mailbox 263, 4790 Irvine Blvd., No. 105, Irvine, CA 92620-1998.
