Rent Real EstateAsk The Homeowner Association Expert
Question: I live in a townhome and have had several major plumbing problems related to tree roots in the sewer line outside the unit. The association says the repairs are my problem. The warranty insurance that the seller provided says the blockage in the pipeline is outside so they don"t cover it. It has cost me over $1,800 so far. What"s your opinion?
Answer: Typically, the owner is responsible for maintaining plumbing lines that serve only the owner"s unit while the association maintains common plumbing lines (unless the governing documents read otherwise). If your problem lies in a common line (serves multiple units) the association should be repairing the damage. If the line serves only your unit, it"s your responsibility. Regardless, it sounds like the line should be rotorootered periodically as a preventive measure. It"s much cheaper than the alternative.
To eliminate confusion on responsibility issues, it"s a good idea for the Board to adopt an Areas of Responsibility List. With this list, owners can properly advise their insurance agents of what things the insurance needs to cover.
Question: Our board meeting minutes are so sanitized that one gets the impression that "all is well in Happy Valley". Nothing could be further from the truth. Important items clearly stated at the meetings are noticeably missing or show a different outcome than took place. And the secretary does not record the minutes, the management company does. Is this proper? Homeowner comments at the Homeowner Forum aren"t included in the minutes. Help!
Answer: You can request that the minutes be amended if you believe critical information was left out or recorded improperly. If the misinformation is glaring or may have been done intentionally, it is fair to ask if there was a motive behind it. The minutes should be clear and accurate so that someone not attending the meeting would understand what was discussed and what actions were taken.
While it"s common for the manager to record minutes, I don"t recommend it. Managers are hired to advise the Board. If they are busy taking minutes, the consulting aspect suffers and the Board loses a great value. Recording minutes is not difficult and the elected secretary should do it.
The minutes need only include agenda items of the Board Meeting. That is why Homeowner Forums are often held prior to the start of the meeting. If an owner has a concern that requires Board action, a request should be made to include the item in the meeting agenda. The agenda is assembled in advance so the request should be made early enough to be included. Many such requests require forethought for the Board to make a decision. If your request requires background information to understand, it should be included with the agenda so the directors have time to review and ponder it.
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