Owner balks at days without water as condo demands to replace aging, but unbroken pipes
Question: I am a condo owner. Our board of directors is adamant about doing some work in my unit, even though it is not necessary. They want to replace my copper piping that they say, "has the potential to leak — it could be six months from now or three to five years, who knows, from now but we need to replace them.'
The pipes are not currently leaking, and they do not show damage of any kind. The work they claim is needed could render my apartment useless for at least a week, and my wife and I will not be able to use the toilet, the vanity and the shower. My question is: can I refuse to let them enter my apartment unit to make "repairs" that are not needed? Signed, A.Y.
Dear A.Y.,
I am going to assume that, as would by typical, your association has the primary responsibility to maintain, repair and replace the common plumbing in the building. It is not particularly uncommon for plumbing to deteriorate over time, sometimes more quickly, sometimes less. But water leaks can be extraordinarily expensive casualty events.
Probably the biggest issue I see in my client condominiums is leaking or failing pipes causing tremendous losses. So, your board is being proactive. I suspect they have solicited the opinion of an engineer or plumbing professional that your pipes are either defective or nearing the end of their useful life, and that it would be best to replace them.
The Condominium Act grants the association the irrevocable right to enter your unit when necessary to maintain the common elements or other property that is the association's responsibility, or to protect other units. They would be doing both here.
So, legally, you do not have the right to prevent them from accessing your unit simply because you don't think the repairs are necessary, and because they would be an inconvenience. There are lots of inconveniences in a condominium — that's part of living with dozens of others in the same property. If you refuse, the association can either enter forcibly (though I never recommend that for safety reasons), or instead get a court order requiring you to allow access — in which case you'll end up paying the association's attorney fees and costs. Don't let it get to that point.
One thing that you should investigate, however, is whether your declaration of condominium requires the association to be responsible for 'incidental damage' caused by their repairs. If so, and if your unit is unusable while the work is being performed, they may be obligated to pay for a hotel during that time.
Question: I live in a gated community governed by an HOA. After spending over $12,000 to have new, board-approved landscape renovations installed, the sprinklers on my property and three other adjacent homes have stopped working.
This has been going on for seven weeks. The system is monitored by a software irrigation company and the homeowners pay for this in our HOA dues. The HOA claims there is no one available at this company to come and fix the problem. I have been hand watering since the problem started. Do I need to hire an attorney? Signed, B.A.
Dear B.A.,
I am going to assume from your question that the association has a specific responsibility in the declaration of covenants to maintain the irrigation system throughout the community, including within the lots, and not just a monitoring responsibility. If that's the case, I don't think it's enough for the association to simply say 'no one is available to repair it, sorry.'
Obviously, the Association can't be responsible for the simple fact that something breaks, but it does have an obligation to make a reasonable effort to get it repaired. The question will be, has the board acted in the manner that a reasonably prudent board in the same position would have acted?
If your board is just throwing its hands up and refusing to call in another vendor to make the repair, I would strongly question why that's the case. Now, perhaps they have a contract where they pay a flat rate for repairs, and so they want to wait for the vendor to respond — that would at least provide some excuse for their inaction.
But overall and given both the amount of money that you've spent, as well as the fact that your board seems so disinterested in repairing the irrigation issue, I do think you would be best off hiring an attorney. Ultimately, if the board completely abrogates its responsibilities, it could find itself responsible for replacing your landscaping — they're lucky you're making the effort to keep it alive!
Ryan Poliakoff, a partner at Poliakoff Backer, LLP, is a Board Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of "New Neighborhoods — The Consumer's Guide to Condominium, Co-Op and HOA Living." Email your questions to condocolumn@gmail.com. Please be sure to include your location.
This article originally appeared on Palm Beach Post: Condo wants to replace my pipes before they break - can I refuse?
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 days ago
- Yahoo
Homeowner stunned after discovering dangerous issue with recent HOA project: 'The bedroom can't be used'
A homeowner posted photos on Reddit of a window in their home that their HOA blocked when it installed a rain gutter during an exterior refurbishment project. The homeowner was unable to open the window and expressed safety concerns. "The bedroom can't be used," they said in their original post. The original poster reported that two different subcontractors who were hired did not communicate properly, thus blocking the outward-opening window. The homeowner attempted to work with their HOA to resolve the issue, but the HOA was not being cooperative and stated it could not move the gutter, so the OP expressed plans to contact the fire department since they believe it to be a fire code violation. HOAs are frequently complained about with regard to being overly controlling or neglecting homeowner needs, such as this incident. Sometimes, HOA oversight or neglect can affect homeowners by increasing utility bills, worsening their quality of life, destroying property or yards, or putting their safety at risk, as in the case of the OP. All of this can have environmental consequences in the form of wasted resources, excessive pollution, or impact on wildlife and the balance of local ecosystems. HOAs have also been known to prevent homeowners from making eco-friendly changes to their homes or yards, such as installing solar panels, allowing the charging of electric vehicles, and growing native plants. HOA issues can often be difficult to resolve, so TCD offers an HOA guide as a resource to learn how you might change established rules, particularly as they pertain to eco-friendly home modifications. Some homeowners have successfully battled their HOAs to make environmentally friendly updates to their homes. The OP said they are trying to be understanding about their window being blocked but that, as time passes, it is becoming more difficult to do so, as they don't feel safe using the room without access to an emergency escape. Fellow Redditors shared in the frustration and offered suggestions on how to handle the issue. "Remove the gutter and tell them to fix the issue," one commenter declared. "If they c(o)me after you then you did it for your safety and fire code." "HOAs shouldn't exist to the degree that they do," another shared. "You should … know your rights to be able to push back when they … cross legal lines," one supportive Redditor said. Should homeowners associations be able to determine what you grow in your garden? Yes Only if it impacts your neighbors Depends on what you're growing Heck no Click your choice to see results and speak your mind. Join our free newsletter for easy tips to save more and waste less, and don't miss this cool list of easy ways to help yourself while helping the planet. Solve the daily Crossword
Yahoo
4 days ago
- Yahoo
Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'
Peacocks are making life miserable for the residents of a neighborhood in Orlando, Florida. Residents at the Villas at Costa del Sol are angry about a bunch of peacocks who they say are damaging property and creating safety concerns by defecating all over the neighborhood and chasing local children. The frustrated Floridians said the problem began years ago when a resident introduced a pair of peacocks into the community. The birds reproduced, adding more and more peacocks to the area over the years. Now the birds are numerous, and are reportedly causing issues. 'There's feces everywhere and the kids play in the ground, you know that has so much bacteria, so that's one of the things we're worried about. They go after the kids, like if the kids were with their family and they're playing, they just run after them,' Maria Calderon, the volunteer HOA president at the Villas, told News 6 Orlando. Residents of the Villas at Costa del Sol in Orlando, Florida, are frustrated that a large community of peacocks have been damaging their homes and cars, scaring their children, and leaving droppings around their homes (stock image) (Unsplash/Gibran Hamdan) The birds aren't just scaring children and leaving droppings; they're also reportedly scratching up residents' vehicles and damaging their homes. According to Calderon, the birds see their reflections in the car panels and try to fight their reflections, leaving scratches and beak marks. One resident reportedly had to spend thousands to repair their car, and later switched to a lighter-colored vehicle that was less reflective to avoid bird attacks. 'They scratch your car because they think they're fighting,' the resident, who chose not to provide their name, told the broadcaster. 'All I hear is THUD THUD THUD cause they're pecking it with their beak, and they go to the other side of the car cause they think they'll get to that other bird. And then they're not just pecking at it, they're jumping up and they're scratching it.' Another resident, named Victor, told the outlet that birds have torn at his screen door and have flown onto his roof, forcing him to replace two tiles already. Unfortunately for the residents, if they want the birds gone, they'll have to foot the bill. The city of Orlando, Orange County, and the Florida Fish and Wildlife Conservation Commission have all said that removing the birds is the responsibility of the residents. That's easier said than done; Calderon said she's tried numerous public and private groups asking for help, but hasn't found anyone willing to take on the task. She said few organizations she's spoken with have the capacity to house the large number of peacocks loose in the area.
USA Today
4 days ago
- USA Today
A cooler, 'free water' sign in a man's driveway led to his HOA fining him $650
David Martin got his first warning from the Canyon Trails Unit 4 West Community Association in 2022. A Phoenix area man is trying to get over $600 in homeowners association fees waived after he was cited for leaving a cooler and a 'free water' sign in his driveway. David Martin first set water out in his driveway back in 2020 during the COVID-19 pandemic, he told USA TODAY on July 17. In his driveway, he set out a cooler, a bowl of water for dogs, as well as a sign encouraging people to keep hydrated. He got his first warning from his neighborhood homeowners association (HOA), the Canyon Trails Unit 4 West Community Association, in 2022, according to documentation reviewed by USA TODAY. In a citation issued in May 2022, the violation was listed as 'other – store items out of view.' Since then, he has been embroiled in a back-and-forth with the HOA and management company FirstService Residential, and he has been charged $650 in fees. Martin said the HOA wants him to put the cooler closer to his porch. 'If you have something on your porch, are you going to walk off the sidewalk, up a driveway, around a porch toward a front door, wondering if that cooler is for you?' he asked. 'Nobody's going to do that.' A notice Martin shared on social media last year shows that the City of Goodyear issued him a warning for a "cooler stacked on crate stored in (the) front driveway." The notice, issued on Nov. 6, 2024, called for Martin to move all items visible and store them away from public view. Neither the HOA nor the City of Goodyear immediately responded to USA TODAY's request for comment this week. A spokesperson at FirstService Residential, the management company for the community, said in a July 17 statement to USA TODAY that it does not create community policy. 'We carry out the policies and directives of the elected board of directors in accordance with the governing documents," the spokesperson said. "We understand there are passionate views about this matter and are committed to supporting a resolution that aligns with both the association's rules and the values of the residents.' Martin began giving out free water after health scare Martin's wife was among the first to live in the Canyon Trails neighborhood, about 23 miles west of Phoenix, he told USA TODAY. Martin moved there in 2017, he said. Footage from Martin's surveillance camera shows kids walking by with their dogs, riding bikes and grabbing water, something he wanted to see when he first set out water for community members years ago during the COVID-19 pandemic. Martin used to be 325 pounds, then he got a lapband and started running. During a marathon, he became dehydrated and was in excruciating pain, he said. When COVID hit and temperatures began to rise, he set out water to help those around him. After he got his first violation in 2022, he called the HOA and requested three things: A letter of apology, a public apology and a pallet of water. In a May 2022 memo, the HOA wrote to Martin that the violation was sent to him by mistake and that his file had been notated. HOA changed the reason for the violation, Martin says Martin said things calmed down in 2022, but then in March 2024, they sent another warning citing the same issue, urging him to store the cooler elsewhere. 'In our efforts to maintain the property and enhance the values within our Community, the Board Of Directors of Canyon Trails Unit 4 West Community Association, Inc has directed FirstService Residential to perform periodic reviews, as well as respond to homeowner concerns,' the memo read. In March of 2024, he got another warning, but reminded the HOA about the apology it issued to him back in 2022. He was told the apology was sent by mistake. In April of 2024, the fines began, Martin said. It started with a $25 fine, then it increased each month. Martin's friend reached out to local media, and his story made local headlines. Subsequently, around August of 2024, the fines ceased, he told USA TODAY. 'We did something funny with that cooler,' Martin told USA TODAY. 'They specifically listed a blue, gray IGLOO-style cooler. We painted it matte black, put it in the middle of our graveyard, cemetery for Halloween, and we had smoke coming out of it,' he said. Martin took the sign saying 'free water' down after that, but kept the cooler out, Martin said. Community members support Martin This March, Martin received another warning where an HOA representative suggested he look into 'an architectural request for (a) more aesthetically pleasing storage option.' Martin requested that the previous fines be removed, but his request was denied. He also got a letter that said the signage was the issue, which differed from the earlier violations citing storing items out of view. Martin said that since this began, people have sent him at least 200 cases of water to give to people for free. 'We feel very blessed and fortunate that there are this many people supporting us,' he said. 'My neighbors are tired of the HOA. They think everything we're doing is right.' Some neighbors have even put out coolers of their own, and the ordeal has also been addressed at community meetings, he said. Martin started a petition with over 100 signatures to have three HOA board members involved removed, he told USA TODAY. He submitted the petition, and the HOA notified community members that a special meeting and vote would be held to determine if the board members would be removed. Although some meetings have been canceled recently, there was one on July 9 where members voted to have board members ousted, Martin said. There were 209 verified ballots, and 190 voted to remove all three board members, he added. 'We needed a total of 211, but because of the back and forth that the HOA and property management company were doing, they said that the emailed ballots were not valid,' he said. Martin, who makes custom shoes for a living, has spoken to attorneys but said retaining a lawyer could cost him thousands of dollars he does not have. He has since started a fundraiser to get donations. 'Each of (the attorneys) has told me that I do have a case," Martin said. "But is it really worth the time and money invested?' Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@
