So can a basically broke homeowners' association force me to do this....Lawyers advice preferred...!

I bought a foreclosed condo in Feb ( I believe). It is tiny 540 SF, but has like a 250SF deck area, this is a loft condo if it matters, so it is 2nd floor and on top of another unit.

The deck area was covered with several of those cheap blue tarps that one might buy at harborfreighttools or joblot and achored into the walls with 2X4's at an angle to drain the water away from the structure.

It certainly looked like shit, but worked for people here because this unit was vacant for a long time.

The property manager said it would be removed in the Spring. As soon as he said it could be removed....about a month ago, I volunteered to do it myself, he agreed. I didn't want them changing their mind !

Now they want to place the tarp back for "a time".

Must I allow this ?

I will copy some emails about it. I don't know how to do more than one at a time.

BTW , the guy under me and I hate each other, and I have threatened to kick his ASS, but not directly to him., it's easy to overhear stuff here... If he and his wife died in a car crash, I'd be happy .

The property, in it's original state, looks much better now...

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sold
$43,000
15 Sunset Terrace #10, Essex CT 06426


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Last sale: $43,000
on Feb 24th, 2012

Status:Sold Bedrooms:1 Bathrooms:1 Property type:Condominium (Residential) Size:540 sqft Lot:Add Price/sqft:$80/sqft Year built:1986 Zip:06426
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Description provided by Trulia
This Condo located at 15 Sunset Terrace #10, Essex CT sold for $43,000 on Feb 24, 2012. 15 Sunset Ter #10 has 1 bed, 1 bath, and approximately 540 square feet. The property was built in 1986. 15 Sunset Ter #10 previously sold for $50,000 on Feb 1, 2001. 15 Sunset Ter #10 is in the 06426 ZIP code in Essex, CT. The average price per square foot for homes for sale in 06426 is $213.

Public Records for 15 Sunset Ter #10


Official property, sales, and tax information from county (public) records as of 09/2011:

• Condominium (Residential)
• 1 Bedroom
• 1 Bathroom
• 540 sqft
• Built In 1986
• Stories: 1 story
• Heating: Hot Water
• 2 Rooms
• 1 Unit
• 1 Building
• Subdivision: STONE PIT HL
• County: Middlesex

Property Taxes for 15 Sunset Ter #10


Year Value Land Improvements Total Tax 2011 Assessed

$56,900
$56,900 $1,023 Source: Public Records

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Price History for 15 Sunset Ter #10

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Date
Event
Price
Source
02/24/2012 Sold view details $43,000 Public records 02/01/2001 Sold view details $50,000 Public records
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Type GreatSchools Rating Distance Nearby Schools Essex Elementary School Public 8 1.0 mi Deep River Elementary School Public 7 2.8 mi Chester Elementary School Public 8 4.5 mi Old Saybrook Middle School Public 8 4.7 mi Kathleen E Goodwin Elementary School Public 10 4.8 mi
Private Schools St John Catholic School Catholic - 4.4 mi Baptist Bible Academy Private - 11.8 mi Shoreline Christian School Private - 12.1 mi Country School Private - 12.3 mi St Mary Star Of The Sea School Catholic - 15.6 mi
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This Condo located at 15 Sunset Ter, Essex CT, 06426 sold for $43,000 on Feb 24, 2012. 15 Sunset Ter has 1 bed, 1 bath, and approximately 540 square feet. The property was built in 1986. 15 Sunset Ter #10 is in Essex, CT and in ZIP Code 06426. The most recent sale price of $43,000 is 93% lower than the average list price of $621,234 for 06426, and 93% lower than the average list price of $621,234 for Essex, CT. The most recent sale is 88% lower than the average sale price of $369,472 for 06426 sold homes, and 93% lower than the average sale price of $369,472 for Essex sold homes. 15 Sunset Ter #10 previously sold for $50,000 on Feb 1, 2001.

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Doug said:

I bought a foreclosed condo in Feb ( I believe). It is tiny 540 SF, but has like a 250SF deck area, this is a loft condo if it matters, so it is 2nd floor and on top of another unit.

The deck area was covered with several of those cheap blue tarps that one might buy at harborfreighttools or joblot and achored into the walls with 2X4's at an angle to drain the water away from the structure.

It certainly looked like shit, but worked for people here because this unit was vacant for a long time.

The property manager said it would be removed in the Spring. As soon as he said it could be removed....about a month ago, I volunteered to do it myself, he agreed. I didn't want them changing their mind !

Now they want to place the tarp back for "a time".

Must I allow this ?

I will copy some emails about it. I don't know how to do more than one at a time.

BTW , the guy under me and I hate each other, and I have threatened to kick his ASS, but not directly to him., it's easy to overhear stuff here... If he and his wife died in a car crash, I'd be happy .

Click to expand...

"Who" wants to place the tarp back (the property Manager)? and "Why"?

Sorry I don't know how to get rid of all those crap ads in a copy/paste.

Hi Angela and Doug,

Unfortunately because of the large leaks in the two units below, we need to reinstall the tarp for a time until we accumulate the funds to get the deck work complete. Please allow Jeff Moler from Jem Tech access to your deck so that they can put the tarp up.

Thanks,

Rich Afragola

to Richard

WOW ! that is not going to go over well with Angela ( or me). How many days are in " a time".

A tarp on a roof leak is like a bandaid on a gunshot wound, IMO !

The big deck is a huge part of that tiny unit. I would have put it for sale the instant the tarp came off, if I knew it might come to this !

The Association has no cash reserves....I noticed that in the condo docs, should have been a huge redflag.

I'm beginning to regret buying it, now I'll never be able to sell it with a tarp covering the deck.

How does the association propose to "accumulate" money ?




Richard AfragolaHi Doug, I understand. There are a few units delinquent in common fees that w...
12:03 PM (2 hours ago)










Doug Johns
12:10 PM (2 hours ago)




to Richard


I will need a written definition of temporary and a timetable on this, Angela will be harder. Don't send Jeff there just yet. You have to talk to her about this before I can let the guy in.

Aces and Faces said:

"Who" wants to place the tarp back (the property Manager)? and "Why"?

Click to expand...

Yes the property manager and I guess the board here. This is a 12 unit condo complex built in 1965, but shows as 1986 construction incorrectly when researched.

Average house here is 600k, so being low-end in a nice hood is always good, you really have no need to lock doors here....with so many nosy neighbors !

This place has no savings. so repairing this supposedly bad deck construction of like 15- 20 years ago,.... lawsuit pending is ridiculous, IMO

They want to re-tarp my deck for " a time", until the Association "accumules" enough money to fix it !

I will try to get u a more definitive answer but off the top of my head it only seems reasonable as the tarp is necessary at this moment to prevent the rain from coming in on ur neighbors underneath u - of course they should fix the roof and that would solve everything but if there is no money well what can u force them to do? - so it comes down to the neighbors getting wet or u not liking the appeal of the tarp

Hey Doug, word of advice for you. When you correspond with someone over email, using exclamation points, all caps and sounding confrontational usually won't get you very far.

Put the keyboard down and go talk to the guy face-to-face. It sounds in his email like they are trying to come up with a fix for you. Come up with a date when the work should be done by and hold him to it. Take his word one time.

Doug - "I'm beginning to regret buying it, now I'll never be able to sell it with a tarp covering the deck."

Unless you can find a buyer like yourself. Admittedly, that'll be tough.

Didn't you buy it with the tarp covering the deck?

Yes, but it was a temporary band-aid on an old problem. as I was told and to be removed soon !

At $43k, you're doing well w the investment. Stick to your guns and force a reasonable timetable. An HOA can put a lien on the units that are delinquent and put an assessment on all of the units to make the repairs if this is a problem for the entire complex.

I have a 2br/2ba condo in Ponte Vedra Beach, FL that was built in 1996 that i rent out. I know I'm going to get hit w cost for a new roof in the next few years. We have some reserves, but a new roof is going to cost well over $20k (there are 8 units in my building, so I'll get hit for $3-4k....or more).

---

seems like you may have bought the unit for the right reason, you're in a great neighborhood and bought low

now you may need some patience

I would advise you to attend all the meetings and stay actively involved

look at the budget, is there any reserve?, can people afford a special assessment to bring the property up to par? leaking roofs are simply not acceptable

is the association credit worthy? maybe you can finance a major project

and make sure the association is properly insured

Doug said:

BTW , the guy under me and I hate each other, and I have threatened to kick his ASS, but not directly to him., it's easy to overhear stuff here... If he and his wife died in a car crash, I'd be happy .

Click to expand...

Enemies already?You just moved there.:lolBIG:

Willie99 said:

I would advise you to attend all the meetings and stay actively involved

Click to expand...

Great advice. Not only will it keep him in the loop in regards to the $ stituation of the HOA, it is also a great place to meet wealthy widow ladies.

A real win win.

I have a condo in Lauderhills FL that has some water damage thanks to some leaking water pipes in between the ceiling. They tried to blame it on my water heater, but after I replaced the water heater, my condo still got flooded. They said that according to FL. law, they only have to replace the sheet rock, but they've destroyed my carpeting and now the moldings and walls have to be painted. How can they get away with this when they've ruined my carpeting? There must be something that can be done.

Most likely, there is a provision in the master deed that gives the hoa an irrevocable right to enter the property at a reasonable time and make repairs to the common elements to prevent the destruction of either your unit or other units. Of course, you could argue that putting a tarp on it is not really fixing it and you'd be right. If the hoa is truly broke, they're not gonna hire an attorney to force the issue. They would probably attempt to persuade the lower property owner to consult with an attorney and threaten to hold you responsible for any further damage.

In short, if they wanted to enter your property to actually "fix" the problem and protect the lower homeowner, you would almost certainy be obligated. The master deed is certain to have such a provision. If you declined them the right to enter and fix it, you could be held liable for the resulting damage to the other homeowners. The fact that the hoa is not truly trying to fix the leak makes the answer more vague. Simply placing a tarp on the deck is not fixing the problem and negatively affects your property.

Basically, you got stuck with a shitty hoa.

BAGIANT said:

I have a condo in Lauderhills FL that has some water damage thanks to some leaking water pipes in between the ceiling. They tried to blame it on my water heater, but after I replaced the water heater, my condo still got flooded. They said that according to FL. law, they only have to replace the sheet rock, but they've destroyed my carpeting and now the moldings and walls have to be painted. How can they get away with this when they've ruined my carpeting? There must be something that can be done.

Click to expand...

Most likely your hoa fee covers insurance for the common elements and for the exterior of your home only. They should have advised you to get further insurance on the condo. Believe that it's called contents and inner wall coverage. Pretty cheap compared to regular insurance.

Since the leak is above your ceiling, the leak is likely not from the master valve and instead from your individual condo's pipes. If that's the case, the hoa will deem you responsible for the repairs (hopefully thru your insurance if you got the additional needed coverage).

By comparison, if the leak happened to be below your condo from the master valve (a common element), the hoa would be responsible for the cost of repairing the leak and repairing any demolition costs (new tile/flooring etc.) from where they had to get to the leak. Ironically enough, they still wouldn't pay for the carpet most likely in that situation either as that wouldn't be included on the hoa insurance but instead be covered thru your personal contents and inner wall coverage insurance.

Insurance, Insurance, Insurance. As far as the HOA is concerned, no matter their financial status they still have rules that need to be followed. At this point, I would recommend putting the tarp back up, be a friendly neighbor rather than looked upon as hostile and unbending.

Let the roof get fixed and the value of the property rise. You wouldn't want to sell with a screwed up roofing issue going on and it's likely part of the reason you got it at the price you did.

Patience and time will solve the issue but press it with class not by being an ass

It will go a long long way in getting this resolved quickly rather than dragging it on and getting ugly.

Hotpizza said:

Insurance, Insurance, Insurance. As far as the HOA is concerned, no matter their financial status they still have rules that need to be followed. At this point, I would recommend putting the tarp back up, be a friendly neighbor rather than looked upon as hostile and unbending.

Let the roof get fixed and the value of the property rise. You wouldn't want to sell with a screwed up roofing issue going on and it's likely part of the reason you got it at the price you did.

Patience and time will solve the issue but press it with class not by being an ass

It will go a long long way in getting this resolved quickly rather than dragging it on and getting ugly.

Click to expand...

Agree 100%.