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Condos: Pool deck repair not a capital improvement
By Richard White, Special to the Times
Published October 6, 2007
Q: We need to repair cracks in the concrete around the pool. One option is to caulk and paint, which sounds like maintenance to me. The other is to remove the curbing around the pool and correct the situation, which will be much more expensive. Is this a capital improvement or maintenance? A: If the board determines that an existing pool deck needs replacing, that is a repair, not an improvement. If, on the other hand, the board wants to increase the size of the deck and add cabanas, that is a capital improvement and requires member approval. The cost is not a factor. Here's the key: If you're repairing or replacing something that already exists, it's maintenance. If you're building something new, it's a capital improvement. Repairing your cracked pool deck is maintenance. Pay the assessment Q: I live in a townhouse community governed by a homeowners association. Some units are 10 years old. Some, built by a different builder, are four years old. On some of the newer units, moisture got behind the stucco and it is now separating from the wood substructure. Repairing this will require a special assessment of tens of thousands of dollars. I talked to the president, who is reluctant to sue the builder for construction defects, having had many problems with him in the past. Can I refuse to pay the assessment if the board hasn't first tried to remedy the situation in court? A: Pay the fees. You can't refuse to pay because you disagree with a board decision. You should write to the board not just talk to the president, raising your question of a possible lawsuit for damages, since the board is responsible for the operations of the association. It may be that the president knows the builder has no money to make the repairs, so a lawsuit is pointless and will simply run up legal fees for the association's attorney. Creating a quorum Q: Some of our officers are not elected directors of the board. This is allowed by our documents. Here's my question: Who counts when it comes to determining a quorum at a board meeting? Can these unelected officers be counted toward a quorum? A: Only elected directors count toward a quorum. Further, only elected directors may vote. Many documents allow the board to elect certain officers, such as the treasurer or secretary, from outside the board of directors. The thinking is that these officers bring special skills (financial expertise for the treasurer, for example) that elected directors may not possess. They are there to assist the board in its work. They have a seat and voice, but no vote. Directors have the responsibility of operating the association. Officers have duties assigned by the directors and by the documents. Richard White is a licensed community associations manager. Write to him c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@cfl.rr.com. Please include your name and city.
[Last modified October 5, 2007, 10:54:18]
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