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Charging Association Owners For New Roofs

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: February 8, 2009

Our association has two vacant houses. Two owners are mowing the vacant properties. You have said the fact that the landscaper is an owner creates no exemption if an injury or accident happens. The association will have to pay, and the association's insurance will not cover the loss.

Further, the board is discussing having volunteer owners mulch the common areas. They are trying to save some money. I have advised against any owner doing work for the association. Would you please address the situation?

Although the association takes a chance using uninsured volunteers, these helpers have value.

In the case of vacant homes, neighbors feel the need to protect their property and help their neighborhood. In most situations, the risk is small and the rewards are great. It is a risk-reward ratio that each board should calculate. Volunteers should not be responsible for the total maintenance program, but from time to time, they and the neighborhood can benefit from their labors.

There are two problem areas for volunteer programs: The first is liability and the second is that the cost savings is not properly recorded in the financial statements. But in these hard times, I say let them cut the grass.

I live in a homeowners association that consists of eight town house buildings. We have had leaks in units that seem excessive for 10-year-old buildings. Our board has decided to address the issue by replacing all the roofs, but we don't have enough in reserves, so it will assess all owners to finance the work.

Can the board assess association owners for new roofs when not all units or even a majority of all units have had leaks? Is this assessment considered a capital improvement requiring a vote of the members?

BC

Bonita Springs

Because you do not have sufficient reserves to pay for new roofs, the board can approve a special assessment. It would not be considered a capital improvement if the roof is replaced by a similar style and similar color roof.

If the roof's color or texture is changed, members would need to vote on it. You should read your documents because sometimes roof repairs can be paid only by the owners in that specific building.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884; or e-mail camquestion@cfl.rr.com.

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