Ask the HOA Expert

Written by Posted On Wednesday, 05 December 2007 16:00

Question: A unit owner has requested permission to rebuild her deck and expand the size. What issues should the board consider?

Answer: Having unit owners repair and replace their decks is often a problem because those decks are typically attached to the structure which is an HOA responsibility to maintain. So, the unit owner should also be held responsible for any damage caused by the deck to the structure, like dryrot. This agreement should be in writing, dated, signed, notarized and recorded against the unit title to advise future owners of this responsibility. You should use an attorney to put the agreement in proper recordable form.

Will the new deck match the look, design and material of the original installation? Conformity in common wall housing reinforces market value. The new deck should look like the old unless the board has adopted a new standard.

The board has no authority to allow a unit owner to expand into common area or to enjoy exclusive use of a common area. This must be approved by a vote of the members which may be 100 percent.

Question: Our HOA recently had a reserve study update which the board is evaluating to ensure that we are adequately funded. What is a proper funding level? I have heard numbers from "30 percent Funded" to "80 percent Funded."

Answer: 100 percent Funded is the most fair to all members and should be the goal. For example, if you have a 30 year roof that costs $90,000 to replace, you should reserve $3,000/year to be 100 percent Funded. Reserving anything less will produce a lower level of funding that will have to be made up in the future by others that shouldn’t have to pay it. Being 100 percent Funded all the time insures that all members pay their fair share.

If you are currently, say, 40 percent funded, you should institute a plan to increase the level of funding to 100 percent over a period of years if possible. The board could also special assess to bring it up to 100 percent this year, although that might be a hard sell unless there is an urgent need, like that 30 year old roof is now

Thirty-five years old and leaking like a sieve. Sometimes special assessments are unavoidable because of inadequate funding in the past. But striving for 100 percent Funding today will eliminate the need for special assessments in the future.

Question: Our governing documents have policies regarding tree cutting and clearing. From time to time, the board gets requests from lot owners asking permission to cut a tree because of fear that it will fall on the house. If there is no disease or damage, we deny such requests. It has been suggested recently that the HOA can be held liable for damage and injury from falling trees.

Answer: The HOA is certainly liable for failing to maintain trees in the common area and should have a regular tree maintenance program to keep trees trimmed, healthy and safe. Trees located on private lots is another matter. If an owner maintains a tree is in danger of falling, it should either be obvious to a casual observer or be documented by an arborist. The board should make prudent decisions based on reliable information and safety concerns.

There is also a fire hazard presented by trees that are closer that 30 feet to the structure, especially if they are highly flammable like pine trees. If an arborist believes they are a danger, they should be removed.

For more Ask the HOA Expert, see Regenesis.net .

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