Condos, Townhouses, Co-ops, HOA

Question: A number of our condo owners have installed hot tubs without permission. We're concerned about damage to the decks and building. Your thoughts?

Answer: Modern hot tubs generally pose fewer problems than early versions in regards to weight and leaking. As long as the deck is structurally sound, the hot tub doesn't exceed a certain weight limit (which can be calculated by a structural engineer) and doesn't leak, they should be permitted.

However, the Board should adopt formal standards and policy which include:

1. Details of hot tub (brand, size, weight. etc.)
2. Unit owner's agreement to remove it upon either sale or vacating.
3. Unit owner's agreement to be fully responsible for any common element damage repair resulting from it.

Question: From time to time, our condominium has suffered damage due to a unit water leak flooding units below. We are considering an inspection of all unit plumbing by a licensed plumber, followed by replacement of all hoses, valves, etc that need it. We're also considering water leak sensors and washing machine hoses that have a 20 year guarantee.

Answer: Rather than getting involved in unit plumbing repairs, the HOA should adopt a policy of making unit owners responsible for damage to common area and other units caused by unit plumbing failure. This kind of policy puts all unit owners and their insurance carriers on notice of their responsibility and limits the financial exposure to the HOA for something it has no control over.

Question: Our board received a complaint about a resident parking four junk vehicles in the driveway. We have a rule about using the garage for vehicle storage only and he is currently using it for personal storage.

Answer: There are several issues: The number of vehicles being parked as well as condition of the vehicles. Since the Board has the right to restrict unsightly vehicles, use this authority first. Don't be surprised if he raises the argument that other vehicles in the neighborhood aren't too pretty either. This isn't a justification for violating the rules, but if he has a point, you'll need to notify other offenders as well. Rules need to be uniformly applied.

If parking is tight, the Board might want to expand the parking policy to restrict the number of resident vehicles to two.

Question: Is the board allowed to make decisions without having a meeting and without homeowners present?

Answer: Most HOA boards meet at least quarterly, but occasionally must due to an emergency. All non-emergency board meetings should be advertised to the homeowners. Owners have the right to attend the meetings so they should be held in a place that allows a reasonable number of guests.

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