HOA asking for extra payment from specific units (documentation, condominium, property)
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My HOA (in Florida) informed me that I had to pay $360 over and above the normal monthly maintenance. The reason given by the HOA was that this payment was to cover charges for repairs related to the AC line that runs through the building and is shared by my unit and the 5 units above mine. So the total cost is $2,160 that the condominium is requesting equal shares ($360) from each of these 6 units. There are 264 units in the HOA and the annual budget is several million dollars. That may only be relevent in that these six units do not constitute "many" units in the HOA.
I've owned here for more than 20 years and am of the understanding that elements outside my unit belong to the building and are not mine and are covered by the HOA budget (my monthly maintenance payment of which I am and have always been current on). Since the HOA was asking me to pay my share of this bill, I asked the manager to provide me with documentation of the work that will be performed and when it will be performed. The manager was very resistant to my request and told me that I just needed to pay it. That they will be doing a lot of work, etc and that they had run this by the HOA attorney and were within their legal authority to request the payment from each of the six unit owners, regardless how vague the written request was in terms of what work I would be paying for.
The bottom line is that I feel that if they are requesting these funds from me for a repair, then I should have the specifics on the repair.
I understand the repair is related to elevation of AC units on the roof that are non-compliant with new hurricane code. In other words, the repair will raise the height of AC units on the roof and the charge being placed on my unit as well as the other 5 above me is related to this repair. For some reason this work cannot be done to mine and the 5 units above me without additional work inside the building and roofing work as well. The manager explained to me that this extra work needed is unique to mine and the 5 unitss above mine. It is not an assessment.
I am hoping someone can advise me if I should just pay this sight unseen as to the repairs, quotes, etc. It is not a crippling amount of money, however I am just not accustomed to paying such a vague request.
AFAIK, in a HOA all exterior maintenance is shared by all owners. It doesn't matter that they need to do special work to comply with the hurricane regulation for your AC unit. The cost to do all the work required for all AC units would be divided equally among all owners, not charged differently.
I would ask for more information and maybe reach to the HOA attorney myself.
My HOA (in Florida) informed me that I had to pay $360 over and above the normal monthly maintenance. The reason given by the HOA was that this payment was to cover charges for repairs related to the AC line that runs through the building and is shared by my unit and the 5 units above mine. So the total cost is $2,160 that the condominium is requesting equal shares ($360) from each of these 6 units. There are 264 units in the HOA and the annual budget is several million dollars. That may only be relevent in that these six units do not constitute "many" units in the HOA.
I've owned here for more than 20 years and am of the understanding that elements outside my unit belong to the building and are not mine and are covered by the HOA budget (my monthly maintenance payment of which I am and have always been current on). Since the HOA was asking me to pay my share of this bill, I asked the manager to provide me with documentation of the work that will be performed and when it will be performed. The manager was very resistant to my request and told me that I just needed to pay it. That they will be doing a lot of work, etc and that they had run this by the HOA attorney and were within their legal authority to request the payment from each of the six unit owners, regardless how vague the written request was in terms of what work I would be paying for.
The bottom line is that I feel that if they are requesting these funds from me for a repair, then I should have the specifics on the repair.
I understand the repair is related to elevation of AC units on the roof that are non-compliant with new hurricane code. In other words, the repair will raise the height of AC units on the roof and the charge being placed on my unit as well as the other 5 above me is related to this repair. For some reason this work cannot be done to mine and the 5 units above me without additional work inside the building and roofing work as well. The manager explained to me that this extra work needed is unique to mine and the 5 unitss above mine. It is not an assessment.
I am hoping someone can advise me if I should just pay this sight unseen as to the repairs, quotes, etc. It is not a crippling amount of money, however I am just not accustomed to paying such a vague request.
Thank you for any advice.
Work on common elements should be shared by the entire community. However, if this is to bring your personal property (AC units) into compliance, assigning the cost to the six of you may not be wrong.
I would ask for clarification on what exactly is being done. You may be able to get it done yourself cheaper. But $360 doesn't sound like much.
It is not a lot of money but...it starts a future precedent for anything of this nature and I would get more information before agreeing and paying. You really need to look at your own documents and what they say. And if you don't understand them then consult an attorney with HOA expertise. Overkill? maybe for the $360 but again it sets precedent.
I was on several HOA boards in FL and can tell you that management tries to get expenses paid by anyone except the general fund. In one case a manager tried to bill our association for a broken irrigation water line even though it was on common property and not in our building. Managers know that most HOA owners are fairly inexperienced about who owes what based on documents.
Most condo owners are responsible for things inside their unit. Outside their unit generally the association covers their building. But the documents are the final say. If your documents are like the ones we had, from the early days of HOA's, they may be vague but that can be in your favor. Generally if it doesn't say an owner is responsible then they aren't, and Florida law always supersedes HOA documents. But I'm not a lawyer.
I agree that before consulting your own attorney you should get for clarification of what you are paying for exactly. And where it states that you are responsible for that expense. Not being confrontational, being pleasant and putting it in writing so there is no confusion about what you are asking. Their answer should also be written.
I am not sure about the uniqueness of placement of the units.
Definitely, read your docs and see who is responsible for the AC units, the HOA or individual owners. Go back through past Minutes of meetings for other units requiring repair. See how the expenses were handled.
Addendum: don't make this a crusade and whip up public storm. Sometimes the quiet (squeaky) wheel gets benefits and you might not have to pay if done quietly and firmly. Learned these things by living them.
Based on your guidance, I think my next step, if the HOA persists is to speak to the HOA attorney directly.
The HOA has not yet responded to my email of about 5 days ago requesting repair specifics and contractors quotes before I would make the payment. Their response, or non-response, I think will determine my next step.
Thank you again for sharing your experience and insight with me here.
AFAIK, in a HOA all exterior maintenance is shared by all owners. It doesn't matter that they need to do special work to comply with the hurricane regulation for your AC unit. The cost to do all the work required for all AC units would be divided equally among all owners, not charged differently.
I would ask for more information and maybe reach to the HOA attorney myself.
100% correct coming from an eight year board member also in Florida. For an expense that minor it should come out of the Repair and Maintenance account.
AFAIK, in a HOA all exterior maintenance is shared by all owners. It doesn't matter that they need to do special work to comply with the hurricane regulation for your AC unit. The cost to do all the work required for all AC units would be divided equally among all owners, not charged differently.
I would ask for more information and maybe reach to the HOA attorney myself.
USUALLY maintenance outside the unit would be shared. It is imaginable that your documents say something different. You, or somebody else, needs to read them carefully.
Sometimes a change is made to the documents changing responsibility. If so this would need to be approved by owners, usually by a considerable majority.
My HOA (in Florida) informed me that I had to pay $360 over and above the normal monthly maintenance. The reason given by the HOA was that this payment was to cover charges for repairs related to the AC line that runs through the building and is shared by my unit and the 5 units above mine. So the total cost is $2,160 that the condominium is requesting equal shares ($360) from each of these 6 units.
I've never heard of a Florida condo where each unit owner didn't own their own HVAC system. That means you also own the line and return line from the condenser (usually on the roof) to the air handler in your unit.
Read your articles of condominium or whatever the document is called in Florida. That should spell out clearly what you own and what is common property.
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