Anyone here ever take on a condo association?

[llmart]

I live in site condos. I've spent a lot of time reading the by-laws and master deed and looking at the plat surveys. They sent out nasty letters to people about cracks in sidewalks. I have no problem with having to replace a couple of my slabs but if I'm reading the by-laws and master deed correctly, the sidewalk in front of my house is limited common property and the master deed clearly states that limited common elements are for the sole use and enjoyment of the unit owner. I maintain that if that's the case, no one should be walking on my sidewalk or anything else on my sidewalk. As an FYI, not all units have a sidewalk. They are only on one side of the street. Mine ends at my neighbor's property (yeah, it was a stupid idea to allow this when they were built).

The curb leading up to my sidewalk is all chewed up from plows and the snow removal company driving their heavy equipment up onto my sidewalk. They have said they aren't replacing any curbs. I maintain that it will look stupid for me to replace two slabs while the curb is chewed up on the side that abuts my sidewalk. What I think should be done is the curb should be replaced at the same time and that the association pay for it since it is their responsibility to repair. I think they'll just try to tell me they don't have the money for it.

It sticks in my craw that they send homeowners demanding letters about you WILL pay for repairing your sidewalk, but they don't do their end of the bargain.

[Quakerfriend]

1. No, but wouldn't the curb be the responsibility

of the township or municipality??
It sounds as though they are insinuating that the cracks in your slab are a safety hazard. Can u simply fill the cracks instead of replacing it with a new slab?

[llmart]

9. No, it's not the township's responsibility.

Our roads are private roads and it's a private sub.

With regard to a safety hazard, they aren't big cracks. My homeowners insurance covers me for liability. The condo by-laws state it's my responsibility to insure them, which I did.

I'm wondering why I can't fill in the cracks myself. I've watched you tube videos that show how and I've done it in my basement, but I guarantee you that the association wouldn't allow that. I am tempted to try though.

[cornball 24]

2. Going through the same thing regarding roof replacement. No info, no time to gather

info from reliable sources. Just sign NOW! I ain't signing nothin'!

[llmart]

10. Exactly!

We got a letter on Feb. 7th, a follow up today and have until April 15th to respond. I started gathering info immediately.

[Fla Dem]

4. My understanding when I owned a condo:

Last edited Tue Mar 1, 2022, 08:36 PM - Edit history (1)

the condo owner is responsible for all repairs within the 4 walls of their condo. Any maintenance, repairs or upgrades beyond that is the responsibility of the Condo Association. So unless your association's by-laws are different, you are not directly responsible for repairs outside your condo.

That's what condo fees are supposed to cover, building upkeep, grounds maintenance, major/minor repairs to infrastructure, etc..

You are indirectly responsible by contributing to special assessments levied on all owners for major repairs.

It sound like your condo association board doesn't understand the bylaws, or they are reluctant to raise condo fees to cover needed structural and exterior repairs, or they don't want to ask for a special assessment, or you have terrible by-laws.

You and other condo owners who have also been told they have to contract and pay for sidewalk repairs, may want to contact a lawyer who specializes in condo association legal issues.

[LisaL]

7. Same here.

Those are usually the rules. Whatever is outside the condo is a responsibility of a condo association.

[llmart]

11. Those are the usual rules for attached condos.

I live in site condos which are detached. It's like individual houses on individual lots, but governed under condo laws. That's how the development was set up initially in 1992.

[NCjack]

5. I am not a lawyer. Every state has unique condo laws.

I expect your issues are going to proceed this way.

You will ask the Board for a plain English explanation from the condo's attorney how your sidewalk is a limited common element, that you have to contribute to its repair/maintenance, but everyone can use it. Maybe you will get a detailed explanation, or the Board may suggest that you read your set of the condo documents. (The same for your curb issue.)

At this point, you have three courses of action:

1. Don't pay the assessment. The Board will fine you, and if you don't pay in-full, expect a property lien and later a court case. By the time all of this is settled, you will regret that you did not recognize this for it is: a business decision, not a struggle of right against wrong and finally justice.
2. Educate yourself about the information in the condo documents and your state's law on condos. Talk to people who have been involved for years in your condo's management. Maybe, the condo's attorney will give you a 2-minute explanation -- and I mean 2-minutes -- not more. If you cannot see it the way the Board does, remember: it's still a business decision. Accept that so many reasonable people understand and accept it, even if you don't. (If you go to court, that is a possible result.)
3. If you still believe that the Board is screwing you, consider getting a personal lawyer to press the issue with the Board and condo's attorney, even as far as a court case. Watch the costs, as you can end up screwing yourself in lawyer fees and a judgment in your lawsuit that goes against you. (If that happens, it was for you never a business decision. You would be happier owning a single dwelling house.)

[llmart]

12. I have read my documents, researched my state's condo laws.

As I said, I am fully aware that I have to pay to fix my sidewalk and I fully intended to from the start. However, I am documenting with the management company, asking tons of questions so I get their answers in writing. I also have read what the legal process could entail and that it's more than likely they will always side with the association. More than anything, I want to make sure they know not all of us are willing to just take their demands without questioning anything. Also, I think they need to budget for curb replacement. A condo lawyer told me that a board's #priority is not to try to save money for the owners, but to make sure all the common elements are kept repaired and in good condition. They are not doing that with their ignoring the curb replacement.

Personally, I feel they are very lax in enforcing the by-laws but very eager to make us abide by them when it favors them. I guess as a Democrat I've always been on the side of fairness. I can well afford to replace the two slabs, but I am trying to make them inform the snow removal company to stay off my sidewalk with their heavy equipment. We've got some real mamby pamby types on the board, especially the president. Also, this is mostly a sub that consists of elderly people.

[LisaL]

6. That's pretty weird.

My understanding is that sidewalks are the responsibility of a condo association, not the condo owner, since they are outside of a condo.

[trof]

8. Dear Abby says...

You should move to a warmer climate.

[llmart]

13. LOL

Ironically (and not my choice) I moved to a cold climate from a warm climate. I'm regretting that decision every winter. If I didn't have a grandchild here I probably would not have bought here.

[Fla Dem]

14. thanks for the clarification. Never heard of "Site Condos".

I live in a stand along home on my own property. Our development is governed by an HOA. So I guess our houses could be called "Site Condos" although I would object to that term. It's a House not a Condo. Homes are listed as houses/homes (i.e.; 3 bedroom house) when put up for sale.

I was intrigued so did a bit of investigating. This is an informative article.

The Site Condo Conundrum
April 30, 2018

There’s a type of development that is becoming more and more common across the country. One that causes confusion in lenders as well as appraisers. A property type that transcends the norms and established boundaries of what we think of Single Family Residences (SFR).

I’m talking, of course, about the Site Condo.

More.....
https://www.classvaluation.com/resource/site-condo-conundrum/

Seems this invented term was to make it easier on developers to quickly reap the benefits of the sub division.

[llmart]

15. Thanks for the info and I'll read the link a bit later.

I found it very misleading when I was looking at houses to buy. What I saw when I looked at the property was what one would think of as just another subdivision of homes. We have two story houses and one story houses. They are all fairly close together but some have double lots which makes it look like they have a large yard. I bought a one-story and it was exactly what I was looking for at the time. I was heading into my senior years and it was just me and my dog, so I wanted a little yard but not one that would be too difficult for me to take care of. I really just wanted a small house on some property, but those were hard to find, since it seems no one builds small houses any longer, at least not in my area.

When my agent told me it was a condo I couldn't really wrap my mind around it. What I've learned is that condo associations are much more stringent in their by-laws compared to HOA's. We do have a very low monthly fee. We get lawn mowing, leaf pickup (they only do that once around December, but that's because we have an awful lawn care company). We got snow removal from all the streets and our driveways and any sidewalk up to the house. Though the by-laws state they are supposed to do "sidewalks" they never have. It sounds really good at the start but then I never expected the lawn care company to do more harm than good. They mow way too short, run over roots and kill your trees, weed whack everything in sight, including your coach lamp post. They use those godawful blowers and they go between the houses and blow everything up into your windows so that the sills are filthy. I usually put Keep Out signs between the neighbors because I got tired of them killing the grass and spraying the dirt. My lawn is the size of a postage stamp in front and back because I have (had) big trees. Don't get me started on why they ever allowed people to plant trees that were completely unsuitable for small lots. Now after 30 years people are having to pay to have them taken down.

I keep telling myself that all-in-all this is a very nice neighborhood and my house is perfect for me. But it's a bit like living in The Villages in Florida where there are a lot of really old people who are conservative. I guess if I'm still here when I'm 85 I'll appreciate having them do the yardwork. There are a few families that have kids but not many and none of them live near me. The old people like to stand around in the good weather and talk about their aches and pains. I usually bow out of those conversations

[trof]

16. I think we call these "garden homes".

3 (or more) bedrooms, 2 (or more) bathrooms.
2400f2 to 3200f2 single family homes on very small lots.