(Recap) A familiar scene unfolds at many association meetings. Disgruntled unit owners come to the meeting, complaining of leaks, roof problems, mold and myriad of other issues. Some owners demand that the building and the leaks be completely repaired immediately. Others say that the association cannot afford to do significant repairs, and that special assessments will bankrupt them. Others say that the developer should be held responsible to fix these problems. The developer no longer returns the association’s phone calls, emails or faxes, and despite the Board’s invitation, has chosen not to attend a meeting in months. Board members are rightfully frustrated and confused about how to best fulfill their duties to the Association and the owners. Advice pours in from all sides. Seemingly conflicting information is received by different members of the Board. The Board is bombarded with questions and “facts” from owners about how to proceed. Below are some helpful responses to some of the most common of those “facts”:
“We have to allow the developer to make repairs first.”
No, you don’t. The Association can obviously negotiate with the developer, but only a few states require that an association give the developer an opportunity to repair the work that it should have done right the first time. Practically, it doesn’t make much sense to give someone who couldn’t do the work properly the first time, a second chance at it.