Withholding Assessments Won’t Work

Sometimes community residents become dissatisfied with the association for some reason. In this case, let’s use maintaining the parking lot as an example. Mr. Homeowner is unhappy because several small potholes have appeared in the parking lot, and the association hasn’t repaired them.

He called the manager who said that all potholes will be repaired in the spring. “It’s much easier and cheaper to fix them now, while they’re small,” Mr. Homeowner states. The manager explains the association’s maintenance schedule and states that parking lot repairs are scheduled, and budgeted, for spring.

Mr. Homeowner wants the potholes fixed now, so he decides to withhold his assessment payment until the potholes are filled. Sorry Mr. Homeowner, withholding assessments will not get the potholes filled. Here’s why:

You signed a contract with the association called the Declaration, or CC&Rs, in which you agreed to pay assessments. Period. There are no Unless Clauses in the Declaration—“I agree to pay assessments, unless . . .”

Yes, the association has an obligation to maintain the common areas. Since the repairs are on the maintenance schedule and in the budget, the association is fulfilling that obligation.

Filling every pothole as it appears throughout the winter isn’t economical. Agreed, it’s less expensive to fill a small pothole. However, it’s far less expensive to have only one visit from the asphalt company to repair all potholes—even the big ones.

Unfortunately, Mr. Homeowner, instead of getting the potholes filled immediately, you get a lien filed against your home for failing to pay your assessments.

But, let’s say the potholes get especially large before the end of winter and Mr. Homeowner fears they’re dangerous. He’s believes the potholes may cause damage to his car or he injure himself. He should call the manager and explain the situation. The association will make emergency repairs to protect owners and avoid liability.

If the association still fails to repair what Mr. Homeowner believes is a hazard, he has the right to pursue other legal channels to require the association to perform its duties. But, withholding assessments isn’t one of them.

Extinguishing the Flames

Most in-home fires are caused by ordinary things like a stove burner, candle, space heater or extension cord. Mental lapses, poor judgment and carelessness make these things dangerous. Thankfully, by exercising good safety habits and taking simple prevention steps, you can cut down on deadly and damaging fire risks.

First, always be sure your smoke alarms are working. Test them monthly and replace those that are more than 10 years old.

Cooktops. Never leave the kitchen while something is cooking on the stove. Keep combustibles, such as curtains and wall hangings, at least three feet from the stove.

Space heaters. Keep them at least three feet away from drapes and bedding, and plug them directly into outlets, not extension cords. Don’t use space heaters while sleeping.

Wood stoves and fireplaces. Empty ashes in a metal container and store them outside away from combustibles for at least a week before disposing of them in the trash. Be sure your chimney is inspected and cleaned annually. Keep any combustibles at least five feet away from the stove or fireplace.

Electrical equipment. Replace undersized or frayed extension cords. Never run an extension cord under a rug. Call an electrician if circuit breakers regularly trip or if your electrical box has a warm cover. Don’t use light bulbs that exceed a fixture’s recommended maximum wattage.

Appliances. Ensure combustion chamber covers are in place on water heaters. Clean all lint from a dryer’s back service panel and from the vent line. Replace vinyl vent lines with smooth, metal ducts.

Smoking. Don’t smoke in bed. Use large ashtrays on tables. Soak ashtrays under the faucet before throwing cigarette butts in the trash.

Candles. Use tip-proof containers. Burn candles only while you’re awake and in the same room. Keep candles at least three feet away from combustibles.

Matches and lighters. Store out of the reach of children.

Tips for Saving on Homeowners and Renters Insurance

Whether you own or rent your home, insurance is essential to protect your property and household goods. Comparison shopping for the best rates will certainly save you some money, but you also can save by following these tips:

·         Choose a higher deductible—increasing your deductible by just a few hundred dollars can make a big difference in your insurance premium.

·         Ask your insurance agent about discounts. Dead bolts, smoke and carbon monoxide detectors, security systems, storm shutters and fire-retardant roofing material are just some of the home safety features that can often lower your rate. You also may be able to get a lower premium if you are a long-term customer or if you bundle other coverage, such as auto insurance, with your provider. Some companies also offer senior discounts for customers who are older than 55 years.

·         Don’t include the value of the land when you are deciding how much coverage to buy. If you insure your house, but not the land under it, you can avoid paying more than you should. Even after a disaster, the land will still be there.

·         If you’re a renter, don’t assume your landlord carries insurance on your personal belongings. She or he likely doesn’t. Purchase a separate renters’ policy to be sure your property—like furniture, electronics, clothing and other personal items—is covered.

Don’t wait until you have a loss to find out whether you have the right type and amount of insurance. For example, many policies require you to pay extra for coverage for high-ticket items like computers, cameras, jewelry, art, antiques, musical instruments, and stamp and coin collections.

Furthermore, not all coverage will replace fully what is insured. An “actual-cash-value” policy will save you money on premiums, but it only pays what your property is worth at the time of loss (your cost minus depreciation for age and wear). “Replacement” coverage gives you the money to rebuild your home and replace its contents.

Finally, a standard homeowners’ policy does not cover flood and earthquake damage. The cost of a separate earthquake policy depends on the likelihood of earthquakes in your area. Homeowners who live in flood-prone areas should take advantage of the National Flood Insurance Program.

Guidelines for the Homeowner Forum

Residents are encouraged to attend and observe association board meetings. If you’d like to bring an issue to the board’s attention, you’re welcome to speak during the homeowner forum—a time set aside just for you. So that everyone who attends has an opportunity for a meaningful exchange with the board, we ask that you observe the following guidelines:

·         Although we’re all neighbors, this is a corporate business meeting. Please behave accordingly.

·         If you’d like to address the board, please sign in when you arrive. You will be called in the order you entered. This allows the board to contact you if we need further information and to report back to you with an answer.

·         The homeowner forum is an exchange of ideas, not a gripe session. If you’re bringing a problem to our attention, we’d like to hear your ideas for a solution too.

·         To keep the meeting businesslike, please refrain from speaking if you’re particularly upset about an issue. Consider speaking later, speaking privately with a board member, or putting your concerns in writing and e-mailing them to the board.

·         Only one person may speak at a time. Please respect others’ opinions by remaining silent and still when someone else has the floor.

·         Each person will be allowed to speak no more than five minutes. Please respect the volunteers’ time by limiting your remarks.

·         If you need more than five minutes, please put your comments in writing. Include background information, causes, circumstances, desired solutions and other considerations you believe are important. The board will make your written summary an agenda item at the next meeting.

We may not be able to resolve your concerns on the spot, and we will not argue or debate an issue with you during the homeowner forum. We usually need to discuss and vote on the issue first. But we will answer you before—or at—the next board meeting.

How Much Noise Do You Make?

Noise is an inevitable reality in condominium communities. Condominium dwellers live in such close proximity, it’s essential that we consider the effect noise will have on our neighbors when deciding on floor coverings, where to mount the flat-screen television or when to knock out a wall.

We—you and your neighbors—all have a right to enjoy our homes in peace and to furnish them as we like. But remember, how you furnish your unit may be a nuisance to your neighbors in theirs.

Hard flooring—wood, ceramic, stone—is fashionable and collects far fewer allergens than carpet, making it very popular. But it can be a problem for the folks downstairs, even if you make an effort to tread lightly or wear soft shoes. If you’re considering installing hard flooring in your unit, first install a sound barrier—like cork—to reduce noise. And hope the people above you do the same.

Flat-screen televisions are becoming more affordable every year, and many of our residents have them. Please mount your screen on an interior wall—not a wall you share with a neighbor. Reverberations from wall-mounted televisions can be an annoyance for those on the other side.

How much noise does it take to be a nuisance? One definition says nuisance is a level of disturbance beyond what a reasonable person would find tolerable. But, sometimes the question isn’t how much noise we make, but when we make it. You or your neighbor might find the raucous party next door entirely tolerable—until about 10 or 11 p.m. A noisy renovation downstairs might be intolerable if it’s a religious or ethnic holiday for you. Whatever you’re planning, give some thought to the day as well as the time of day for your activity.

If you have noisy neighbors, talk to them. They probably have no idea they’re disturbing you. Maybe you work nights and their teenager—whose room backs up to yours—blasts the audio system after school each day.

The Golden Rule applies here: Treat your neighbors the way you want them to treat you.