- October 23, 2023
- Posted by: legaleseblogger
- Category: Related News
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Heading: AI Legalese Decoder: Providing Solutions and Reassurance in a Stressful Situation
Introduction: Encountering a Notice from the City Official
Today, while working from home, I had an unexpected encounter with a city official who left a notice on my garage. Little did I know that this encounter would unveil issues with the safety of our balconies. The city official mentioned that the Homeowners Association (HOA) had a deadline to respond within 24 hours, otherwise this notice would be posted. Feeling bewildered and stressed, I realized I had not received any prior communication regarding this matter.
Revealing the Balcony Situation and Unsatisfactory HOA Response
Speaking to the city official, I discovered that although my balcony was not damaged, the entire complex’s balconies were implicated. The city official left me with minimal information and only a contact number. Upon receiving a response from the HOA, which arrived shortly after my encounter, my stress levels soared. The email provided the least helpful information, only indicating that some units would receive notices regarding the prohibition of balcony use until repairs were completed. Additionally, the email stated that the HOA exclusively took responsibility for the rails and not the entirety of the balconies.
Exploring the Bylaws Amendment and HOA Miscommunications
To gain further insight, I decided to delve into the bylaws and discovered a recent amendment slipped in last year. Ironically, the HOA presented this amendment as necessary due to an error by the previous HOA, which allegedly jeopardized snow removal, landscaping, and trash removal services. However, the amendment made no mention of the severity of the damage or the specifics mentioned by the city official. It left me feeling stranded and overwhelmed, with only a fleeting contact number as my lifeline.
The Frustrations and Uncertainties Amidst the Time Constraints
My current state of distress is amplified by numerous factors. Firstly, the notice states that repairs must be completed within 10 days, or alternatively, the balcony could face demolition. This timeframe is aggravated by the fact that I lack control over my neighbors’ actions, making it essential to coordinate with all parties involved promptly. Furthermore, considering the approaching weekend, where essential entities may not be accessible, it appears unlikely that I will receive a response until Monday. This limited timeframe exacerbates my concerns about finding a suitable contractor who can complete the repairs within the stipulated period.
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Recommended Actions and Questions Addressed by AI Legalese Decoder
Given my overwhelming anxiety and lack of comprehensive information, the first step would be to consult the AI Legalese Decoder. This powerful tool will not only decipher the notice’s implications but also provide guidance on the necessary actions to take. Some crucial questions that the decoder can address are:
1. How should I proceed within the 10-day timeframe if repairs cannot be executed promptly?
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3. Can any legal action be pursued against the HOA for their inadequate communication and unsatisfactory response?
4. What are the possible outcomes if the 10-day deadline passes without repairs or a written request for a hearing?
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You need also to find out, either from the city or the HOA board, how long these discussions have been going on. If it turns out they knew about this at the same time they changed the bylaws to disclaim their responsibility, IÔÇÖd be talking to an attorney about going after them personally.
Requesting a hearing will buy you some time. Submit that request as close as possible to the deadline. Go into code enforcement first thing Monday and get copies of all documentation of when this was first called to their attention. When they notified the HOA, etc. start piecing together a time line.
Did you forget the part about requesting a hearing? Request a hearing. Get your unit separated from the action if it’s deemed safe and secure. Then sit back and relax.
In my experience with tree removal, the 10 days was to get something lined up. So, 10 days to call a company and schedule the work, and let the appropriate people know you have something scheduled, or they will then schedule their own crew to do the work.
But as others have pointed out, you can schedule a hearing to discuss it, so that might be a better route for you.
Is the notice in your name or the HOA? That makes a big difference. In either case if the balconies don’t belong to you then it’s not your problem. Besides that, it’s not like the City is going to physically *do* anything after 10 days – at worst it would be a fine (but like I said, you don’t own it so they can’t fine you).
[removed]
NAL, real estate investor And property manager.
Lets clarify some wording.
The phrase HOA stands for ÔÇ£Home Owners AssociationÔÇ£ and the HOA is all the owners of all the units in the building or complex. There may be two HOAs, one for your building, and an umbrella one for the complex. If that is the case, Your building one, meaning you and the owners of the other units in your building, may be responsible for the balconies on your building.
Second, HOA is often the term used for the Management company hired to manage the day to day operations of the Home Owners Association. The HOA Management company often collects the monthly fees, makes sure the bills are paid that the Association is responsible for, such as landscaping and snow removal.
There should be an elected board made up of owner-residents, who hold periodic meetings, announced to all owner-residents, and where issues such as this need to be brought up. Sometimes these meetings are organized by the management company.
You need to find out when the management company was first notified about the issue with the balconies, and if that update sent out last year was actually discussed and put to a vote of the owner-residents. If it was not, it might be legal. The management company canÔÇÖt unilaterally make rules without the agreement of the owner-residents.
In most instances IÔÇÖve seen, as an owner resident, you are responsible for the inside, and the Association is responsible for the outside through the fees paid by residents.
So, to start with, you need more info.
Sounds like your HOA was negligent in their duty. I am sure they were well aware of the issue prior to an official posting notice on your unit. Whether you have any legal recourse depends on the laws in your area. Here in WA you are entitled to copies of any and all communication, financial records and official notices the board has received/produced. Nothing the board does including discussing an issue can happen in the dark.
I have a very sneaky feeling one or more of the officials on your board are playing some dirty pool, either their units are the ones that have to be replaced and they’re trying to spread that cost to every member or their units aren’t ones that need to be replaced and they’re trying to get off the hook. Sounds like they were aware of the issue and took steps to limit their own liability by passing that bylaw. If the notice (which you have every right to request) predates that by-law then it shouldn’t apply as it is after the fact.
Please provide some pics of the balconies of you and your neighbors. You can post on decks subreddit and IÔÇÖm sure theyÔÇÖll tell you what is wrong
OP, you say itÔÇÖs not your property, so you need to just notify the owner and not use balcony till fixed
Are you in California?
California has passed a law to inspect all balconies by the end of next year.
When you do the inspection repairs are marked either red, yellow, something else, or green.
If it’s red, the inspection report needs to be submitted to the city within 15 days and work needs to start immediately . That’s where the 10 days is coming in.
Red means immediate danger (unsafe balconies)and needs to start ASAP.
If the HOA changed its Rules/ bylaws they must give notice and it must be voted on by the members. If they haven’t done that then that’s an illegal change