HOAleader.com - Tip of the Week - February 7, 2020
Published: Fri, 02/07/20
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Why You Should Probably Step Up Your Condo/HOA Inspection Routine
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In this week's tip, we tell you why even if you're not in California, you might want to pay attention to another of its new laws.
In our December webinar on trends, one of our experts cited neglected maintenance as a growing issue and a dangerous one for boards nationwide.
Balcony collapses have become the most glaring examples of the challenge, according to our expert, Debra A. Warren, PCAM, CCAM, CMCA, vice president of development at Associa®. In 2017, a Florida condo's balcony collapsed, injuring 11 people — two in their 80s. That same year, a balcony in Ohio fell and hurt two people; an investigation led to 156 additional balconies being deemed unsafe. Just last year, a California condo's balcony failed, harming four people.
California's legislature apparently agrees with Warren. Under a new law that took effect this year, condos will be required to conduct inspections of various parts of their properties, with the first inspection to be complete by 2025.
In a nutshell, as of Jan. 1 this year, here's what California law requires of condos:
* Condos in buildings of three or more units must inspect "exterior elevated elements" for which they're responsible for repair or maintenance. Think balconies and stairways, but don't limit your thinking to those elements.
* The inspection must be done by a licensed structural engineer or architect, perhaps other experts as needed.
* Inspections must take place every nine years, with the first done by the close of 2024.
* If threats to safety are identified, the inspector must notify the condo and local government, and the association must act immediately to prevent access to dangerous areas and ensure residents' safety.
There's much, much more. Florida has a law touching on this topic, but it's much less stringent. Few, if any, other states spell out such strict inspection requirements in their statutes.
However, you probably have a duty to do regular inspections no matter what your statutes say. Find out why in our new article: https://www.hoaleader.com/members/4056.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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When Condo/HOA Owners Don't Pay Out of a Personal Account
An HOAleader.com reader asks, "Is there a problem when an HOA property is owned by an individual (per the deed), but the owner pays HOA dues using a check from their business? If the check bounces, who's responsible, the owner or the business? Does accepting checks from the business put us in a weak position if we have to take a lien later as an owner quits paying? Am I worrying about nothing?"
Click here to read full article:
https://www.hoaleader.com/members/When-CondoHOA-Owners-Dont-Pay-Out-Personal-Account.cfm
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Your Condo/HOA's Responsibility As Owners Age in Place
An HOAleader.com reader asks, "Our '55+ independent living' community has several long-time residents who have part-time caregivers but aren't able to leave their condos unassisted. What are the duties of the HOA board regarding these individuals? Our HOA board has contacted (where possible) members of the individual's families to explain the situation, and our declarations rule that in the case of an emergency, residents must be able to evacuate the facility without help."
Click here to read full article:
https://www.hoaleader.com/members/Your-CondoHOAs-Responsibility-As-Owners-Age-in-Place.cfm
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Cleaning and Digitizing Old, Messy Copies of Condo/HOA Documents: Must Owners Vote?
An HOAleader.com reader asks, "In my HOA, the bylaws were set in 1999. There were faxed to the county, and the only records we have are copies of copies. Our amendments are a bit of a mess and poorly organized..."
Click here to read full article:
https://www.hoaleader.com/members/Cleaning-Digitizing-Old-Messy-Copies-CondoHOA-Documents-Must-Owners-Vote.cfm
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Do Condo/HOA Managers or Lawyers Have to Report a Board Acting Improperly?
A topic has been suggested to us, and we think it's worth discussing. Can your condo or HOA manager or lawyer report you to some authority if they believe you're acting inappropriately? Essentially, the question asks if there's something like a "mandatory reporter" situation, as there is with teachers and heath care workers when abuse is suspected, under which community association advisors can or must report board activity to an authority.
Click here to read full article:
https://www.hoaleader.com/members/Do-CondoHOA-Managers-or-Lawyers-Have-Report-Board-Acting-Improperly.cfm
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What To Do If You're Threatened with a Lawsuit Over Your Condo/HOA Website
Florida community association lawyers are reporting a new trend: Condo and HOA boards are being threatened with lawsuits alleging that their website isn't compliant with the Americans with Disabilities Act because visually impaired people can't access it. Is this a valid claim, and should you be doing anything?
Click here to read full article:
https://www.hoaleader.com/members/What-Do-Youre-Threatened-with-Lawsuit-Over-Your-CondoHOA-Website.cfm
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