Construction

Construction

The relationship between you as a homeowner and the Association is one of symbiosis–you help the Association with your contribution of resources (i.e., condo fee) and, in turn, the Association helps you by providing services (insurance, lawn care, repairs, etc.) which you would otherwise have to pay for yourself. The benefit to you is that you do not have to pay for large out-of-pocket costs typical for a homeowner. Theoretically, you pay for the services you receive over time. We are an experiment in socialism; however, you are not trapped in this system as you may sell and leave at any time.

As in any purposeful organization, we have a common philosophy and a set of governing documents (Master Deed, By-Laws, Articles of Incorporation, Rules and Regulations) which help us interface with the real world. These documents outline the executable behaviors expected of a law-abiding membership; however, members must be knowledgeable and responsive to their governing documents for the organization to be successful.

With the requisite of the preceding paragraph in mind–understanding our governing documents–it needs to be reinforced occasionally what is expected of a homeowner in an association. I am suggesting here that member/homeowners read their governing documents and re-read them from time to time. If there are questions or lack of understanding, the homeowner can ask the Board and, if necessary, our attorney may be counselled.

One issue that has come up recently where a homeowner has acted outside the governing documents is one in which the homeowner contracted construction without the approval of the Board of Directors or the Association membership. Any alteration or improvement in our infrastructure must be approved before any work is done; and any such work may be denied if its merit is lacking in the eyes of those groups. Let me give some reasons where there may be a denial:

  • The work is expensive and may substantially increase the financial liability of the Association–causing an undue increase in fees.
  • The work has not been verified by a qualified professional.
  • The work places an unnecessary encumbrance on other members.
  • The work poses a safety risk.

The above issue is addressed in the Master Deed, Article VIII, Section 8.1 and 8.2. If a member/homeowner thinks work is required on his/her home, this article should be read and understood. If a member proceeds to do work that has not been approved, that member may incur not only the initial cost of the work, but also the additional cost to have the work undone if it is found defective or substandard.

For convenience, the governing documents are posted on this site in the sidebar under Governing Documents.


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