Posted on January 19, 2022 3:12 PM by Melissa Gentry
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.
Posted on November 1, 2021 4:44 PM by Melissa Gentry
The holidays are just around the corner, and for many people, that means lots of festivities with friends and loved ones. With all of the merriment that’s sure to ensue, it’s important that residents who are hosting celebrations are not only considerate of their neighbors, but also take note of the association’s rules. A complete listing of our association rules and regulations can be found in our Covenants, Conditions and Restrictions (CC&Rs), but here are a few key items to look up that are particularly pertinent during the holiday season:
Outdoor Decorations: Decking the halls with seasonal ornaments is a great way to bring the holiday spirit home. Many love to spread the joy by decorating the outside of their homes and front yards as well, but before you scurry up that ladder to hang the decorative lights along the side of your roof, take a quick peek at the CC&Rs to find out the guidelines for outdoor decorations, as well as the guidelines for flags and signs if you plan on decorating with those. This will help make sure your outdoor winter wonderland isn’t an association violation.
Parties: We hope you all have plenty of chances to eat, drink and be merry this holiday season. If you plan on hosting a large get-together or party, there are a few things you’ll want to keep in mind. First, keep the revelry and noise to a minimum, and wind the party down at a reasonable time—you don’t want your celebrating to interfere with your neighbors’ attempts to get visions of sugar plums dancing in their heads. Check your CC&Rs to find out what the association deems acceptable noise levels and what the quiet hours are, as well as guidelines for hosting parties.
Parking: The holidays bring many people together, and that means extra cars will need to be parked. To make sure your guests are covered, look at the CC&Rs to find out the rules on visitor parking in the association, including where they can park and what kind of parking passes they may need.
Overnight Guests: It wouldn’t be the holidays without Uncle Marv and Aunt Ethel bunking in little Jimmy’s room. Of course, depending on how long your overnight guests are staying, you may need to let the association know. The CC&Rs will give you a breakdown on the rules for both short-term and long-term guests, so take a look at them before you break out the extra cot.
Following the association’s rules and regulations helps ensure that all of our residents can enjoy this special time of year, so please help us by doing your part. Stay safe and have a wonderful holiday season.
Posted on October 1, 2021 4:43 PM by Melissa Gentry
Halloween is a kid’s delight. It’s a blast to dress up in costumes, go trick-or-treating, attend parties and, most of all, eat candy.
At the same time, Halloween can be scary for parents. Costumes can be dangerous, too much candy can be sickening and walking around at night can be risky.
The Centers for Disease Control and Prevention offer these tips (in anagram form) to make sure your little ghouls and goblins have a safe Halloween:
S – Swords, knives and similar costume accessories should be short, soft and flexible.
A – Avoid trick-or-treating alone. Children should walk in groups or with a trusted adult.
F – Fasten reflective tape to costumes and bags to help drivers see trick-or-treaters.
E – Examine all treats for choking hazards and tampering before they’re eaten.
H – Hold a flashlight while trick-or-treating to help see and help others see you.
A – Always test make-up in a small area first. Remove it when done to avoid skin irritation.
L – Look both ways before crossing the street. Use established crosswalks wherever possible.
L – Lower the risk for serious eye injury by avoiding decorative contact lenses.
O – Only walk on sidewalks or on the far edge of the road facing traffic to stay safe.
W – Wear well-fitting masks, costumes and shoes to avoid blocked vision, trips and falls.
E – Eat only factory-wrapped candy. Avoid eating homemade treats unless you know the cook.
E – Enter homes only if you’re with a trusted adult.
N – Never walk near lit candles or other open flames. Be sure to wear flame-resistant costumes.
If you’re hosting a party or expecting trick-or-treaters:
• Provide healthy treats, such as individual packs of raisins, trail mix or pretzels. Offer fruits, vegetables and cheeses to party guests.
• Use party games and trick-or-treating as an opportunity for kids to get their daily dose of 60 minutes of physical activity.
• Be sure walking areas and stairs are well-lit and free of obstacles that could cause falls.
• Keep candle-lit jack-o-lanterns and other open flames away from doorsteps, walkways, landings and curtains. Place them on sturdy tables, keep them out of reach of pets and small children and never leave them unattended.
• Drive safely and watch out for trick-or-treaters.
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