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Esteemed Contributor
Posts: 6,500
Registered: ‎04-20-2013

@esmerelda wrote:

@Stray wrote:

@esmerelda wrote:

It sounds more like what happens with a timeshare. 


@esmerelda - it's not a time share.  Most complexes, gated communities, over 55, highrises etc., grounds are the responsibility of the HOA.  You pay for these services via your maintenance fees.  There are often rules for the color scheme of your home, guidelines re shrubbery, decor etc.   


@Stray I understand that. Private property isn’t “grounds.”


@esmerelda - in communities, highrises etc ownership is determined by the governing documents.   Since the HOA was powerwashing the driveways then, they seem to be responsible for maintenance which would indicate that they are not private property but owned by the Association.   Why take on the extra expense if that was not the case.  

 

In our case, terraces tho attached to specific apartments are not private property.  It's a shared element.  The Association maintains them, can determine what goes on your terrace, like no tiling, specific coverings and no enclosures etc.  The terrace is specifically designated to be used by a specific resident & that's the extent of "ownership" 

Esteemed Contributor
Posts: 6,500
Registered: ‎04-20-2013

@jellyBEAN wrote:

I don't mean to beat a dead horse here but I did contact a local reputable service to come and have a look.  He stated he deals w/my Real Estate Mgmt office all the time as he does the work for the community right next door to ours.  He said he put a bid in to do the work here, but was turned down as his price was most likely higher than who they decided to go with.  Anyway, he looked at my driveway as well as some of my neighbors and said they didn't know what they were doing.  Lines and patches and bleach spots and missed areas, etc...He advised that what happened to me was mine being the guinea pig of al the driveways, they used too much pressure, too small of a pressure device and the wrong chemicals that washed away the rough coat on top of the driveway.  He said he could improve it by about 70% but it will never be what it was. 

 

Since he does work for our office I'm hoping I can get him to do the improvement.  It is very obvious the contractor hired didn't know what they were doing and didn't have enough guys on the job.  One guy was all they had, and some woman following him rinsing everything off sometimes.  Even all the residue is still out in the street in front of all the homes.  He said if I had the original guy come back they could do even worse damage to it because they are not professionals.  He told me he knew who was doing the work and he'd be surprised if they even have insurance. Honestly I am afraid for them to come back and TRY something else if they are not sure what they are doing.  I don't even know if I want them power washing my home. 

 

Looks like I'm going to have to stand my ground here.  Jeeezz, well at least I know it can look a little better.


@jellyBEAN - don't have anyone repair it, you will cause a problem for yourself.  The driveway is Association property.   Let them do the repair, if still unsatisfactory, they should replace it.  Write to your entire Board not just the President as someone else may be more responsive.  Include the managing agent, site supervisor & Association attorney.

 

We have had circumstances where owners were not happy with a repair & have sought permission to get their own contractor & submit the bill to the Association.  Our attorney was involved & had the resident sign a release of responsibility.  The Association of course asked for a COI & license.   But, it can be done here in NJ & in a highrise.  

Esteemed Contributor
Posts: 6,500
Registered: ‎04-20-2013

@Cakers3 wrote:

I think we are getting way off base here about HOA boards.  They are not all run the same.

 

If that board member is being rude, that is wrong.  @jellyBEAN  isn''t complaining because a leaf from a neighbor fell into her yard.  Her complaint is valid, her home has not been washed, and her driveway is a mess.  She has "paid" for those services through her fees.

 

And yes, on our board people do resign and there is always another willing to step into the spot-the last vote we had there were 3 contenders for President.

 

I understand about receiverships and all that but we are really going off the rails here.

 

That Director, if he had been involved with the community at all, and had attended meetings, he knows what types of complaints he would be facing.

 

I do not feel any defense for him; he can direct the OP as required but his attitude is not one I'd deal with, either.

 

 


@Cakers3 - I agree with you re the Board president.  I am one and we have a very demanding clientele.  The managing agent is performing a job with pay but the Board members are residents too, are elected by the Community & work for the community.  Their concerns are my concerns.  Some complaints are valid & some are unreasonable.  It's up to the Board to investigate all claims with the management & reply back.  You don't ignore complaints and in her case, was very valid.  Her driveway was ok, it was washed & now it's not.  Fix it or replace it.  

 

But, in my area, Northern NJ, people don't step in to run for a Board position.  Once you run, get elected, it's hard to get off the Board, that is if you care about your community. 

Honored Contributor
Posts: 14,000
Registered: ‎03-10-2010

We will never buy a house or condo in an HOA situation.   We are on a private road now and that's plenty of headache right there.  

Respected Contributor
Posts: 4,381
Registered: ‎04-04-2015

@Stray wrote:

@esmerelda wrote:

@Stray wrote:

@esmerelda wrote:

It sounds more like what happens with a timeshare. 


@esmerelda - it's not a time share.  Most complexes, gated communities, over 55, highrises etc., grounds are the responsibility of the HOA.  You pay for these services via your maintenance fees.  There are often rules for the color scheme of your home, guidelines re shrubbery, decor etc.   


@Stray I understand that. Private property isn’t “grounds.”


@esmerelda - in communities, highrises etc ownership is determined by the governing documents.   Since the HOA was powerwashing the driveways then, they seem to be responsible for maintenance which would indicate that they are not private property but owned by the Association.   Why take on the extra expense if that was not the case.  

 

In our case, terraces tho attached to specific apartments are not private property.  It's a shared element.  The Association maintains them, can determine what goes on your terrace, like no tiling, specific coverings and no enclosures etc.  The terrace is specifically designated to be used by a specific resident & that's the extent of "ownership" 


Even if the HOA owns the driveway, she may still face financial harm.  If she wants to sell and her driveway is ugly as opposed to others, that diminishes both her chances and the final price.

Esteemed Contributor
Posts: 6,527
Registered: ‎03-10-2010

@Isobel Archer  According to @Stray 's earlier reply, OP's property is owned by the Association, so how could she sell it?  Even if she was speaking only of the driveway, the rant was about the residence not being powerwashed and the neighbor's being powerwashed with the OP's water.

 

So what does the Association own...the driveway, the residence, or both.  And who is "the Association" anyway?  I thought an HOA was made up of the people who owned the houses, whatever, covered by the HOA.

 

If the Association owns the residences, what are the people paying the mortgages...renters? 

 

Color me confused!

 

 

 

 

*********************
Keepin' it real.
Trusted Contributor
Posts: 1,439
Registered: ‎06-12-2010

@esmerelda wrote:

Never heard of an HOA being involved with the cleaning of neighborhood houses. Common areas yes, but not privately owned. 

 

 


The rule usually is:  You own from the walls in, they own from the walls out.

 

That means anything outside - lawn, fences, power washing, mail boxes, parking, etc. is the responsibility of the community.

 

It sounds like some real winners had the low bid.

 

 

Esteemed Contributor
Posts: 6,527
Registered: ‎03-10-2010

@alarmclock  Okay, "usually," and apparently in this case.  I know of other cases where it's different. 

*********************
Keepin' it real.
Respected Contributor
Posts: 4,381
Registered: ‎04-04-2015

@esmerelda wrote:

@Isobel Archer  According to @Stray 's earlier reply, OP's property is owned by the Association, so how could she sell it?  Even if she was speaking only of the driveway, the rant was about the residence not being powerwashed and the neighbor's being powerwashed with the OP's water.

 

So what does the Association own...the driveway, the residence, or both.  And who is "the Association" anyway?  I thought an HOA was made up of the people who owned the houses, whatever, covered by the HOA.

 

If the Association owns the residences, what are the people paying the mortgages...renters? 

 

Color me confused!

 

 

 

 



@esmerelda wrote:

@Isobel Archer  According to @Stray 's earlier reply, OP's property is owned by the Association, so how could she sell it?  Even if she was speaking only of the driveway, the rant was about the residence not being powerwashed and the neighbor's being powerwashed with the OP's water.

 

So what does the Association own...the driveway, the residence, or both.  And who is "the Association" anyway?  I thought an HOA was made up of the people who owned the houses, whatever, covered by the HOA.

 

If the Association owns the residences, what are the people paying the mortgages...renters? 

 

Color me confused!

 

 

 

 


If she is renting rather than an owner of her condo, then I agree that she could move and it wouldn't matter to her whether anyone wanted to rent her unit with the damaged driveway.  However, if she owns the condo and wants to sell it - the driveway could make a significant difference.  Would you buy a unit with an ugly damaged driveway when you could choose a different one without damage?

Respected Contributor
Posts: 2,632
Registered: ‎04-03-2010

I do own my TH.  Our community here is relatively small for a TH community, perhaps that is why they take care of the exterior maintenance - the lawns, common areas, some exterior work such as shutters, roofing, and driveways.  We pay a VERY HIGH monthly fee.  It is not cheap to live here.   I'm more concerned with the driveway discoloration than them not washing my unit like all the others.  Yeah, it needs it, but at this time I really don't want them coming back here and messing anything else up.  Once bitten twice shy, isn't that how the saying goes?

 

Latest news is the power-wash company claims the damage was originally caused by the contractor or another power-wash company and thus by this cleaning it brought everything to the surface.  BUT my driveway wasn't charcoal gray before, it was cream color.  It's all patchy and dark and dirty looking. 

 

I sent a certified letter.  On Monday I will forward my pics that I took.  A lot of other driveways don't look good either, but they were not tested on like mine was so they are not as noticeable.  The defects aren't as dark.  Gives me heart palpitations just thinking about it.  I'm fearful of more chemicals being sprayed on it and harming the concrete further.  To me their xcuse of blaming it on prior work and not their liability is like saying the dog ate my homework.  It's just a lame xcuse.

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