Rent Real EstateAsk The Homeowner Association Expert
Question: Due to demand, the Board has given notice to owners renting two or more storage space that they must give up the extra spaces within 30 days. Aren*t existing storage renters grandfathered?
Answer: If the storage spaces are being rented month to month, the Board has the right to vacate them with a 30 day notice and reassign them if demand has increased. If the spaces are prepaid for the year (which is common), the change should not take place until either the year is up or the renter willingly gives up the extra spaces. Reapportioning limited amenities is only fair. No owner should have greater access to them than another owner. On the other hand, since the spaces generate revenue for the association, it makes no sense to leave some vacant if supply exceeds demand. If that is the case, extra storage spaces should made available on first come first served basis or a chronological sign up sheet.
The other issue you don"t address but may be critical in filling the spaces: Is the association charging a competitive rate? Association storage is often rented out below market rate. This may fill the spaces but loses valuable income that could reduce monthly assessments for all owners. Whatever system the Board comes up with should be both fair to the renters and the owners.
Question: My unit experienced substantial water damage as a result of a bad installation by the HOA*s a roofing contractor. While the contractor has agreed to repair the roof, he has not scheduled repairs and rain is in the forecast. What now?
Answer: The Board is responsible for stemming roof leaks one way or another and waiting for a contractor to get around to it, considering a forecast for rain, is unacceptable. The Board should arrange to have the roofs tarped off or otherwise protected from further leaking, by another contractor if necessary. You should contact your insurance agent immediately about the damage and, of course, let the Board know in writing that you expect them to take steps to curtail further damage to your unit.
Question: I sent an email to our Board President asking for follow-up information to some statements he made saying he would investigate certain "serious" problems facing the community. I sent copies to the Property Manager and other Board Members. One of the directors, meaning to respond his thoughts to the President, inadvertently sent a copy of his email to me! In it, he suggests having the Association Attorney issue an "injunction" against me to stop me from alarming the community. What*s up with that?
Answer: Email "bombs" can do a lot of damage. In this case, the director"s comments were way off base. You have every right (and obligation) to express valid concerns to the Board and community members. The director"s injunction comment is nonsense since it could never happen. The Board is not immune to criticism and should always keep the door open to feedback, good or bad. Knowing what the owners think is important to shaping workable policy.
For more on this subject, see www.regenesis.net
For more information on this subject, see www.Regenesis.net.