{"id":7106,"date":"2017-11-14T21:25:09","date_gmt":"2017-11-14T21:25:09","guid":{"rendered":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-who-is-supposed-to-fix-and-maintain-what\/"},"modified":"2017-11-14T21:25:09","modified_gmt":"2017-11-14T21:25:09","slug":"ask-the-hoa-expert-who-is-supposed-to-fix-and-maintain-what","status":"publish","type":"post","link":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-who-is-supposed-to-fix-and-maintain-what\/","title":{"rendered":"Ask the HOA Expert: Who Is Supposed To Fix And Maintain What?"},"content":{"rendered":"

\n<\/p>\n

\n

Question:<\/b> Our board has a running battle with various unit owners about who is supposed to fix and maintain what. As a result, the board has paid for repairs that were probably the unit owner’s responsibility. How do we get this under control?
\n <\/p>\n

Answer:<\/b> The board should adopt a Maintenance & Insurance<\/a> Areas of Responsibility Policy which defines responsibilities HOA vs Owner. The idea is to break down the buildings and grounds into component parts and then describe who is responsible. Always review and use the governing documents as a guideline if direction is provided. While the Areas of Responsibility Policy can be subject to interpretation under certain circumstances, it usually provides clear guidance to both the board and unit owners. Moreover, it provides the board with the basis for consistent handling of maintenance issues. Another benefit is it clarifies for the HOA’s and unit owners’ insurance carriers what things the HOA is responsible for and eliminates claim disputes. This is a “must have” policy in any common wall community. There is a sample of this policy in the Policy Samples section of www.Regenesis.net.
\n \n<\/p>\n

Question:<\/b> We have a resident we routinely have to call the police on for disturbing the peace, verbally assaulting and stalking neighbors and threatening them with physical harm. This resident is essentially psychotic and totally unpredictable. This has gone on for years and we’ve reached our limit. This situation is now affecting sales! What can we do?
\n \n<\/p>\n

Answer:<\/b> Have you been in contact with this person’s relatives to ask for their help? If there are no relatives or they refuse to help, your attorney needs to file a civil lawsuit and ask the judge to mandate remedies like mental health treatment, a restraining order, etc. The fact that this person has violent tendencies cannot be ignored. Unfortunately, the court route may take longer than you would like but you simply have to stay the course and assume the court will provide a permanent answer to this. In the meantime, continue to have him arrested if necessary. It will only strengthen your case once the matter makes it to trial.<\/p>\n

Question:<\/b> I am researching HOA pool liability. Recently, the board enacted pool hours which don’t seem safe: 8am to 11pm. I’m concerned about allowing people to swim after dark. The pool has no lighting.<\/p>\n

Answer:<\/b> Since daylight hours change daily, either longer or shorter, it makes sense to tie pool hour closing to dusk or 10 pm whichever comes first. Due to noise concerns, the pool needs to close at a reasonable hour unless the location of the pool doesn’t create a noise issue. For the same reason, establish a pool opening schedule to avoid disturbing people who may still be sleeping. Of course in Alaska, the Land of the Midnight Sun, all bets are off. But the pool is probably frozen anyway.<\/p>\n

For more innovative homeowner association management strategies, see www.Regenesis.net.<\/i>\n\t\t<\/p>\n<\/div>\n

Realtytimes <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Question: Our board has a running battle with various unit owners about who is supposed to … Ask the HOA Expert: Who Is Supposed To Fix And Maintain What?<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":7107,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_seo_schema_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[4],"tags":[4751,3048,12908,543,698,3058,1007,41,818,219],"class_list":["post-7106","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-opportunities-in-new-markets","tag-amazing","tag-documents","tag-home","tag-home-buying-guide","tag-insurance","tag-location","tag-owners","tag-property","tag-real","tag-realty"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/11\/57a2836c2363104261bc705b5af152ae_S.jpg?fit=424%2C257&ssl=1","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":6407,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-can-governing-documents-be-amended\/","url_meta":{"origin":7106,"position":0},"title":"Ask the HOA Expert: Can Governing Documents Be Amended?","author":"Amazing Property","date":"September 26, 2017","format":false,"excerpt":"Question: Can HOA governing documents be amended to allow compensation to directors for their services as board members? It stands to reason that they could be held more accountable if they received compensation for performance. Answer: Most governing document stipulate that board members serve without compensation. There is a very\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"HOA","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/09\/e690e4e677c0bcf4222f9375b2f02a08_S.jpg?fit=424%2C275&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":4663,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-conflicts-of-interest-on-the-board\/","url_meta":{"origin":7106,"position":1},"title":"Ask the HOA Expert: Conflicts Of Interest On The Board","author":"Amazing Property","date":"May 23, 2017","format":false,"excerpt":"Question: Concerning the possible conflict of interest that develops with managers who are hired by HOA developers: In our HOA, the manager is the developer. We now have a number of construction related problems that the developer refuses to fix. The developer\/manager attends all board meetings to audit board discussions\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/05\/e2ba55c4ebc91916b806a0ec94e1dc2f_M.jpg?fit=300%2C200&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":13447,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-proxies-are-not-appropriate-for-board-meetings\/","url_meta":{"origin":7106,"position":2},"title":"Ask the HOA Expert: Proxies Are Not Appropriate For Board Meetings","author":"Amazing Property","date":"September 1, 2021","format":false,"excerpt":"HOA Expert : One of the directors pulled out a proxy from an absent director authorizing her to vote on his behalf. Is that proper? \u00a0 Question: Our board dealt with a contentious issue recently. When it came time to vote, one of the directors pulled out a proxy from\u2026","rel":"","context":"In "Property owner"","block_context":{"text":"Property owner","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/property-owner\/"},"img":{"alt_text":"HOA Expert","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2021\/09\/HOA-Expert.jpg?fit=400%2C267&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1684,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-mold-conditions\/","url_meta":{"origin":7106,"position":3},"title":"Ask the HOA Expert: Mold Conditions","author":"Amazing Property","date":"March 7, 2017","format":false,"excerpt":"Question: Our HOA has a resident owner that claims there is a mold condition which the HOA is responsible to remediate. The board wants to be proactive but is hesitant to incur costs just because an owner demands it. Whose responsibility is it to pay for testing? \r \r Answer:\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/03\/8ee452bf84df1bfecf78156ae3ec8ae2_S.jpg?fit=424%2C283&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":8049,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-changing-the-governing-documents\/","url_meta":{"origin":7106,"position":4},"title":"Ask the HOA Expert: Changing The Governing Documents","author":"Amazing Property","date":"February 6, 2018","format":false,"excerpt":"Question: Our homeowner association has 30 single family detached homes. Our governing documents were basically written for townhomes. One of the bothersome issues is that the governing documents state that the HOA is responsible for replacing roofs, painting, gutters and other things that are commonly done with condominiums. Many owners\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"9f8587b04bfd3bc4c16efe5dc7d11753 S.jpg","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2018\/02\/9f8587b04bfd3bc4c16efe5dc7d11753_S.jpg?fit=424%2C257&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":4162,"url":"https:\/\/amazingproperty.com.ng\/blog\/ask-the-hoa-expert-how-susceptible-are-hoas-to-embezzlement\/","url_meta":{"origin":7106,"position":5},"title":"Ask the HOA Expert: How Susceptible Are HOAs To Embezzlement?","author":"Amazing Property","date":"May 4, 2017","format":false,"excerpt":"Question: How susceptible are HOAs to embezzlement? What are common safeguards and how effective they are? Answer: Embezzlement in the past has not been common in HOAs because most had little money to embezzle. However, as more states enact mandatory reserve fund requirements, more HOAs are accumulating substantial funds for\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/05\/50f996788206ea665b5a9e105ea9cae8_M.jpg?fit=300%2C225&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts\/7106","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/comments?post=7106"}],"version-history":[{"count":1,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts\/7106\/revisions"}],"predecessor-version":[{"id":89997,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts\/7106\/revisions\/89997"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/media\/7107"}],"wp:attachment":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/media?parent=7106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/categories?post=7106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/tags?post=7106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}