Condominium owner at odds with board over wall repairs
Q: We have been struggling with the board of directors at my condo since July 2017. At that time, we reported severe settling problems. It was eventually determined that the foundation needed repairing and this was accomplished in October 2017. We were repeatedly assured that the HOA was responsible for the interior repairs caused by the foundation problems but that the HOA would not be responsible for any painting. It is now March 2018, and the interior repairs still have not been done. I even suggested that they contact the condominium’s attorney for an opinion. After much discussion and repeated requests for the repairs to begin, we were emailed the letter below. I find it incredible that the BOD has come to this conclusion. What are my options?
“The BOD reviewed and discussed your concerns again as they relate to interior repairs for your unit at the last board meeting. The board has unanimously determined that it will only initiate repairs that require wall board (sheetrock) change-outs. Moreover, since the cracks in question are not sufficient enough to warrant entire wall board (sheetrock) change-outs, the board has chosen not to pay for interior wall repairs. It is the opinion of the BOD that its decision is substantiated
by the Condominium Declaration Section 16 (paragraph 2) which states as follows:
An owner shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding his townhouse, nor shall such owner be deemed to own the utilities running through his townhouse which are utilized for, or serve more than one two house, except as a tenant in common with the other owners . An owner, however, shall be deemed to own and shall maintain the inner, decorated and/or finished surfaces of the perimeter and interior walls, floors and ceilings, doors, windows and other such elements consisting of paint, wallpaper and other such finishing materials.
To reiterate, the board is unanimous in their decision and have not given their approval to incur cost related to attorney consultation.” What are my options? A : Welcome to the benefits of condominium ownership. The Condo Declaration controls, so whatever it says you have agreed to. The general rule is that you own the air space the unit occupies. Everything else is comprised of common elements and is the condominium owner’s association obligations. Slab repairs and repairs incident thereto should be common element responsibility, but it is up to the board to approve the expenditure.
It does have a fiduciary duty to the owners, but your remedy is to sue them. Not pretty, and not fun. Q : I recently bought a house, had it inspected, and moved in. After being here a few months, we are noticing some moisture around the stucco and windows. We removed a window and found that it was damaged. The inspector says he is not liable because he didn’t do any invasive testing and is not required to. Why did I get an inspection? A : Inspectors only inspect what is apparent and accessible. Any more would require seller approval and permission as it might damage the property. No procedure is perfect. Q : We signed a contract to purchase a house. We’ve been looking for months and finally found one we liked and could afford. We applied for a loan and were turned down because the property didn’t appraise at the sales price and we couldn’t afford a higher down payment. Did our broker just give bad advice? A : No. You probably got a bad appraisal. They are an opinion of value, and another appraiser may have appraised it for a higher value. Change appraisers. The Texas Real Estate Commission recently approved an appraisal contingency addendum. That may be a good choice also.