ASSOCIATION'S MAINTENANCE DUTIES- Reprinted from www.davis-stirling.com by Adams Kessler

From Adrian Adams desk comes this reminder to HOA's about maintenance responsibilities. For more articles, information, humor and more, visit our friends at
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Reprinted from www.davis-stirling.com by Adams Kessler

ASSOCIATION'S MAINTENANCE DUTIES

Questions regarding maintenance duties are quite common. Operating through their boards of directors, associations have the following duties:
1. Duty to Inspect Common Areas. Boards must inspect the common areas every three years and prepare a reserve study listing all major components, the remaining useful life of those components and the cost to repair or replace them. Civil Code §1365.5(e)

2. Duty to Investigate Complaints. Whenever boards learn of common area problems, such as cracked sidewalks, roof leaks, plumbing backups, etc., they must investigate the problem. Corp. Code §7231(a) They don't need to personally inspect it, they can rely on managing agents, plumbers, etc. to investigate and report back to the board. If an owner reports a flood inside his/her unit, the board must determine if the leak is originating from (i) the owner's own plumbing, which is the owner's responsibility to repair, or (ii) the common area, which is the association's responsibility to repair. Civil Code §1364(a) Exclusive use common are will depend on your governing documents.

3. Duty to Repair. Regardless of fault, repairs must be made. If the leak is an owner's responsibility and he/she refuses to repair the damage, the board has three options: (i) initiate daily fines until the owner repairs the damage, (ii) repair the damage and bill the owner for reimbursement, and/or (iii) go into court for an order that the owner either repair the damage or step aside and allow the association to repair it (and assess the owner for reimbursement). The severity of the damage will determine the steps taken.

4. Duty to Disclose. If repairs to the common areas are deferred, the board must disclose to the membership the deferral and the board's plan for repairs. Civil Code §1365(a)(3)
Adrian Adams


Very truly yours,

Adrian Adams, Esq.
Adams Kessler PLC

Picture of the Week-Cracked Magnesite and What Lies Beneath

Today I drove to Monterey to see a client whose decks we'll be starting in on in a couple of weeks. We needed to meet the contractor, agree on the final scope of worka nd coordinate the trades involved-a sheet metal man who will be doing the flashings and the contractor doing the repairs to the buildings. I had looke dat it before last year and it was pretty rough looking Magnesite then...

I walked up the stairs at this apt building and the Magnesite didn't look any better after another year of use. I could then see a couple guys working on the walkway from underneath. Walking down the stairs to where they were, I had just walked over this nightmare. Here's the pictures of the top and what it looks like from down below!

The cracked Magnesite has leaked for years, allowing mold mildew and dry-rot to totally detsroy the framing. This work will cost tens of thousands to repair. Lesson, don't let Magnesite go unselaed and cracks un-fixed or it'll cost ya...

Picture of the Week

So I was inspecting this HOA in LA on S Beverley Glen...
On the deck of one unit I was amazed to see this little survivor growing out of the rusted out railing base.

Maybe they should inspect and maintain a little more often?