HOAleader.com - Tip of the Week - October 2, 2015
Published: Fri, 10/02/15
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California Balcony Collapse Highlights HOAs’ Risk of Lack of Maintenance
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In this week’s tip, we send a warning signal about your balconies and porches. It’s dangerous not to stay on top of their maintenance.
A California HOA lawyer says there’s now increased scrutiny on the state’s balconies as a result of a tragic incident in which six people were killed. This isn’t just a problem in California. A similar porch collapse happened in Chicago more than 10 years ago, killing 13.
The failure to maintain balconies can be devastating. Though the cause has apparently not been determined—faulty construction and subsequent dry rot are suspected—the heartbreaking balcony collapse in Berkeley, Calif., on June 16 killed five young visitors from Ireland and an American. Seven more people were hospitalized. After the incident at the Liberty Gardens apartment building, another balcony on the building was dismantled.
The Chicago incident happened in 2003 and was the result of more than 100 people gathering on a third-floor wooden back porch, a type common on apartments and condo buildings throughout the city.
The failure of building owners—whether an apartment or association—to maintain balconies is typical and probably common nationwide, asserts David C. Swedelson, the principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area. “I imagine this is a problem throughout the country,” he says. “I’m surprised we haven’t seen more problems.”
Swedelson says he’s often encountered confusion over who’s responsible for maintaining balconies. “I’m routinely running into situations in which the board mistakenly believes it’s the homeowner’s responsibility to maintain balconies, and there’s been no maintenance on them,” he says.
Find out why there’s so much uncertainty, along with the laws and some general guidelines nationwide about who should be responsible for what, in our new article: http://www.hoaleader.com/members/1248.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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California HOAs Eye Balconies after Tragedy; You Should, Too
A California HOA lawyer says there's now increased scrutiny on the state's balconies as a result of a tragic incident in which six people were killed. This isn't just a problem in California. A similar porch collapse happened in Chicago more than 10 years ago, killing 13. Here's what you need to know about the safety of your limited common elements.
Click here to read full article:
http://www.hoaleader.com/members/California-HOAs-Eye-Balconies-after-Tragedy-You-Should-Too.cfm
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How to Protect Yourself and Your HOA from the Neighborhood Sociopath
Run into any owners or residents who show contempt for and consistently disregard your HOA's rules? One in 25 people is a sociopath, or a person who regularly exhibits asocial or antisocial behavior. Sociopaths look like your everyday neighbors, but they can be scary and intimidating--and they can turn your HOA into a battleground.
Join us for a cutting-edge webinar on April 9 on how to wisely and safely handle the most difficult owners and residents you'll ever face, led by two community association experts with decades of hands-on experience in advising associations.
Click here to read full article:
http://www.hoaleader.com/products/neighborhood-sociopath-a.cfm
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The Trend Toward Condos Banning Smoking Grows
In this week's tip, we give you a heads up on a "butting" trend--associations snuffing out smoking.
A Michigan condo fire damaged four condo units, and the fire marshal blamed an owner who smoked on his balcony. And after two condo fires, a Canadian fire chiefs now wants owners who are carless when smoking to pay. Are these reports sign of a trend toward stricter condo rules when it comes to smoking?
Click here to read full article:
http://www.hoaleader.com/public/Trend-Toward-Condos-Banning-Smoking-Grows.cfm
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HOA Rules on Owners' Smoking Beginning to Change
A Michigan condo fire damaged four condo units, and the fire marshal blamed an owner who smoked on his balcony. And after two condo fires, a Canadian fire chiefs now wants owners who are carless when smoking to pay. Are these reports sign of a trend toward stricter condo rules when it comes to smoking? Are condos coming up with new ways to regulate smoking in units or limited common elements? Should they? Here's the latest.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Rules-on-Owners-Smoking-Beginning-Change.cfm
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Building Codes: Should Your HOA Care What They Say?
In response to a recent HOAleader.com article discussing noise, a reader writes, "The International Building Code (adopted by almost everyone) has required a minimum amount of noise suppression between units (walls, floors, ceilings, etc.) in multi-dwelling buildings for more than 25 years, requirements related to both fire safety as well as environmental health. The HOA can require a higher level, but has a duty to make sure owners know about the requirements. It's the city's job to enforce the building code (like all laws), not a group of people on an HOA board."
Click here to read full article:
http://www.hoaleader.com/members/Building-Codes-Should-Your-HOA-Care-What-They-Say.cfm
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