We purchased a condo last year in California approx 23 yrs. old. We have several exterior maintenance issues that were presented on 4/30 in writing to the Management Co that were recently reviewed by the Board of Directors. We received a written response that they will not take care of most of the issues and that it would be our responsibility.

We noticed a couple of the items before purchase. Our agent assured us that because they had to do with the exterior maintenance of the unit that they could later be addressed with the HOA. The other items I'm sure also existed previously as well, but we only became aware once we moved in. They are all exterior items.

Now that we have their response, how can we resolve these issues without dragging this out with this HOA? What is our recourse? How exactly should these items be addressed and to whom? Your help appreciated!

Just one HOA payment, such as the one coming up for July, would cover two of the items! The letter really speaks to how the association is run and what they are not willing to do for homeowners. This really creates a sour tone and is unfortunate!

Hate to say this but there isn't a stock answer. It all depends on how your HOA decs and bylaws are set up. Some associations take care of everything, other don't. I would have an attorney review everything and see if you can force the HOA to take care of it or if it will be your responsibility to do the repairs.

Also even if the HOA is responsible for the repairs it doesn't mean they have to jump at your demand. They can take time to budget for the repairs and do it on a time table that they see fit. Again this can vary association by association.

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My thoughts on the Sarasota Association of REALTORS actions.

If some of the items are small enough to be covered by one HOA payment it may be worth doing it yourself. I know it is frustrating, but that is the way it is with some HOA managers. If you keep bugging them about it they may cave in, but you don't have much control over when and how they fix things. You can always become active in your HOA and vote for a new management company or voice your maintenance concerns. Good luck!

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Jim Olenbush, ABR, CRS, GRI
Broker / Realtor

Austin Real Estate

Have everyone in the HOA right a letter saying you want it fixed. 1 person writes in they ignore everyone writes in they jump. If that doesnt work you can always vote them out.

That is why the contract gave you 5 days from receipt of the HOA docs to review them so you could review what the HOA allows, pays for, rules, etc, so you could move forward with the purchase. Paragraph 14B of the RPA stipulates that you review and approve all documents. Your approval of those docs is a contingency of the sale per Paragraph 6B. If you removed your contingencies and the HOA docs states they do not take care of those exterior items, you may be SOL.

Thank you for the thoughtful and helpful responses. Let me include some additional information.

The HOA docs were gone through carefully by us and by our agent. The financial documents also appeared to look in good order as well. However, it was only 3-4 months that the dues were raised and at an early Fall mtg they were claiming that they were having a tough time with expenses-watching what bills were paid. We am quite cautious with documents and read through tons and tons of docs.

Some additional information:
1. The garage floor slab does not meet the grade of the driveway blacktop on one side of the garage. My agent called it a trip hazard and said that they would need to take care of it. It is quite evident when you walk there or when you drive your car over it. On inspection, you can see that it wasn't initially done correctly. There response was that it was a minor change from settling and the grade on the blacktop cannot be changed and that minor changes in asphalt elevations are to be expected. Only changes over 3" are considered trip hazards. They suggested I might paint the inside? of the garage slab yellow to remind us of the grade change. Wouldn't that look nice if we decide to sell and provoke some interesting questions?

2. The sprinklers outside the unit in the common area were broken for a long time. Half of the shrubs and ground cover are gone. They now got the sprinklers working which create mounds of mud and claim that the association is not replacing shrubs. My neighbor purchased two small trees to avoid the HOA and asked the gardners to plant them near her entrance.

3. We asked for the trees and dead branches that block the light from our unit and extend to and over the roofline to be trimmed back. They are most likely a fire hazard and actually hang over the patio and bbq of the neighbor. Their response was that individual trees are not "pruned" based on owners requests. They prune trees every few years as funds permit.

4. The exterior of the bldg was painted a couple years ago. When we told the neighbor that the bedrooms were losing the heat and cold air apparently was leaking in, he suggested that the HOA check the windows for sealing. Because it felt like the windows were ajar when they were closed we reported it. We were told that the care and maintenance of the windows and glass were our responsibility.

5. Lastly, the light outside the entry door is only 50% there as the top of the fixture is missing. All the units have the same fixture. We asked for it to be replaced. Their response was that they maintain common area light fixtures like near the driveway and walkways. The letter states that we are responsible for replacing our own entry light fixture. Interesting. How would you maintain a fixture that was not fully there and how would they all match if this was the case?

Perhaps having the additional information might be helpful with how to proceed. We appreciate the feedback and wisdom from you all.

Basically, you're screwed. None of those issues is anything the HOA is required to handle "right now".

You can't do anything about the garage slab, you cannot plant your own trees in the common area and the landscaping guys will handle it eventually if you keep complaining but probably not by putting in trees (shrubbery, plants, etc. are more likely), you cannot trim the area trees on your own and most HOAs have a once or twice a year tree-trimming service in addition to normal landscaping, the HOA isn't going to replace your unit's windows (though you can do it yourself if you get permission and approval from the architecture committee), and entryway lights are not usually or generally part of HOA responsibility. THey more generally handle common area lights, not the light by your door.

And that's the way it is.

Oh yeah. I'm not a lawyer. I don't give legal advice. Nothing I said should be construed as legal advice. You can get legal advice by consulting with an actual attorney. I just live in a condo community and have for many years.

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Terry Light - Professional Contrarian
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RealEstateBytes.com
Real Estate Encyclopedia
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The only way you are going to get anything done is by rallying the troops. Enough people complain they will either fix the items you request or they will piss enough people off that you will be able to vote them out.

If you really don't like how things are going, get active in your HOA.

Most of the stuff is pretty minor. I would get approval from the HOA and fix it myself and be done with it for a few hundred dollars. I know it's not what you want to hear, but you're going to get all worked up and upset and it really won't be worth your time.

Just my opinion of course.

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Scottsdale Real Estate
McDowell Mountain Ranch Real Estate
DC Ranch Real Estate

Personally, I would have checked out this management before I ever moved there. Sounds like you have a real lemon.

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