Water Stains Aren’t the Only Problem Facing Owner
QUESTION: I live in a large community association where the association is responsible for the landscape maintenance. The common-area irrigation sprinklers spray water on my windows, and I now have permanent stains on my windows. The landscapers have tried unsuccessfully on several occasions to correct the direction of the flow of water. What can I do?
ANSWER: I assume that you not only want the sprinklers adjusted but that you also want the association to remove the stains from your windows. In most cases, this should require only a phone call to the manager to find out if the association is going to take responsibility.
If the manager is not responsive, then here is step two: Write to the association board of directors and the management company explaining your problem. Tell them that you expect to hear from them as soon as possible but that you will give them 30 days to respond regarding their solution to your problem. Be as specific as possible, giving dates that you have complained in the past and telling them what was done.
If your board meets monthly, you may want to request that the matter be placed on the next meeting agenda. You have a right to know if the matter is on the agenda and you have the right to attend the meeting to discuss it with the board. I feel that the board should consult an irrigation technician if the landscape crew cannot resolve it.
The association’s failure to correct this problem can result in far more serious problems than stained windows, however. I believe your letter should notify the board that you will hold the association responsible for window-frame damage, dampness, structural damage or any other result of its failure to correct the direction of the flow of irrigation water.
The stains on your windows are probably just mineral deposits from the hard water. In my opinion, it is the association’s responsibility to have workers clean the windows with a special cleaner.
However, your association’s declaration of covenants, conditions and restrictions may say that you, the homeowner, are responsible for maintaining, cleaning and replacing windows. If that is your situation, it is cheaper to hire a window washer than it is to hire an attorney to argue with your association about the rules.
Laying Down the Laws on Parking
Q: I own a townhouse in a 24-unit complex. I am dissatisfied with the way the association is being operated. First, there is a lack of parking rule enforcement. Second, the complex is 8 years old and some of the roofs still are leaking after several attempts to repair them. The board says that the roofs are the homeowners’ responsibility per the covenants. Third, the board has hired a management firm that charges about $600 a month.
A: The board of directors is responsible for upholding the legal documents of the association. Parking rules should be reasonable and enforceable, and the association board should enforce them fairly and consistently.
If the illegal parkers are not causing a problem, then the board should eliminate or change the rules rather than just ignore the violators. The board’s failure to enforce parking rules can quickly create anger and resentment. Obviously, fire lanes must be kept clear and towing of violators’ cars is allowed if state laws, specifically Vehicle Code Section 22658.2, are followed.
Regarding the leaking roofs, if the roofs are the responsibility of the individual owners, then the individual owners should have required the original builder to correct the problem. If they have known about the problem for several years, it may be too late to file a construction defect lawsuit. The affected owners could hire an attorney to advise them of their rights.
However, filing a lawsuit may be more expensive than hiring a good roofing consultant who can recommend the proper corrections and assist the owners in enforcing warranties.
As for the cost of management, doing just the accounting for an association of 24 units (collecting the monthly assessments and paying the bills) would probably be worth at least $600.
Depending upon the scope of the management contract, your association may be getting a real bargain. I have worked as a manager and consultant in hundreds of community associations, and I find that very few people understand the number of hours and the level of skill that association management requires.
How to Network With Association Boards
Q: How can our association board of directors network with other boards and discuss common problems, compare enforcement and assessment collection techniques? We’d like to learn from others’ mistakes and share our successes.
A: Call the local chapter of Community Assns. Institute. This is a national nonprofit organization with about 55 chapters around the country. There are several chapters in California.
Seminars, publications, legislative updates and other resources are available to CAI members and nonmembers who want to learn how to run their associations more effectively. If you cannot find a listing in your local phone directory, call the national office at (703) 548-8600.
Hickenbottom is a community association management consultant and a founding director of the California Assn. of Community Managers. She selects questions of general interest for the column and regrets that she cannot respond to all questions. Send questions to: Condo Q&A;, Box 5068, Thousand Oaks, CA 91360.
