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WASHERS & DRYERS
 QUESTION:
Can an HOA prevent an owner from installing a clothes washer and dryer without first obtaining a study
advising that such installation would damage the plumbing or
other common interests?
ANSWER:
I understand the desire by owners to add modern conveniences to their
units. A washer and dryer not only
makes life easier, it increases property values. Unfortunately, if the
developer did not design the building to include washers and dryers,
installing them at a later date can be problematic. This is especially
true for condo conversions.
Water & Electrical.
Running electrical and water lines through the walls to a new
washer/dryer is usually not a problem, provided the vendors are licensed
and insured and everything is done to Code. The problem is water
usage. Most condominium developments are master metered for water. That
means everyone else in the association pays via their regular
assessments for the increased water usage by the owner with the clothes
washer. In my experience, owners are not very charitable on this
issue--they don't like paying out of their pockets for someone else's
higher water consumption.
Drain Lines. The biggest
obstacle is the building's drain line. The sudden force and volume of
water into a drain pipe during the wash cycles can overload the line and
lead to backups in other units. When developers build multi-unit
developments, they calculate normal water flow and only install lines
needed to handle those flows per applicable building codes. Clothes
washers need larger lines due to the larger flow and turbulence of the
water plus the sudsing effect of the detergent. Even if existing lines
can handle the load of one washer, can it handle additional washers in
the stack? If not, can the board approve one washer but deny all others
in the stack? To handle the increased load, a larger drain line may need to be installed from the washer through the building to the sewer. That means opening the walls in the units below the new washer. This can be costly and disruptive.
Dryer Vent.
Venting the clothes dryer can also be problematic. Dryer exhaust lines
cannot, under any circumstances, vent into the common area walls,
ceiling or floors spaces. Doing so puts moisture into those spaces that
can lead to dry rot that destroys the wood structure and mold that can
create health issues. It also puts lint into the space which can lead to
a fire. If the dryer vents to the outside (as it should) there is a
limit on the hose length (no more than 25') because of lint accumulation
in the line and back pressure buildup. Where venting to the outside is
not possible, a special indoor dryer vent can be used but they have
their own problems. Every time a load is dried, a gallon of water or
more is released into the unit, creating excessive humidity with
possible condensation and mold.
Noise and Vibration. Once
the washer and dryer are installed, noise and vibrations can radiate
through walls and floors into surrounding units. The problem may be
minor or it may be significant depending on how the building was
constructed. Sometimes the problem can be cured with a thick rubber mat
under each machine.
Owner's Duty.
The duty is not the board's to commission and pay for a feasibility
study. The obligation falls to the owner who wants to alter common area
electrical and water lines, drains, and install venting. Even if the
project is feasible, there is no obligation by the board to approve it.
Every one of the problems I described can, in most circumstances, be
overcome--it's only a matter of money. In older condominium developments
and especially condo conversions, the cost will generally outweigh the
benefit.
ANNUAL MEETING
QUORUM
QUESTION:
Our managing agent says the number of ballots returned establishes the
quorum for an annual meeting and cites Civil Code §1363.03(b) as her
authority. I say §1363.03(b) ONLY applies to the following situations: elections regarding assessments, election
and removal of members of the board, amendments to the governing documents, or the grant of exclusive use
of common area. I say §1363.03(b) does not
apply to any other situation. If we need a quorum to approve minutes,
only physical bodies and proxies count toward a quorum. Who is correct?
ANSWER: Your managing agent.
BROKEN WINDOW
 QUESTION:
A homeowner on the 3rd floor whose bedroom window overlooks our back
yard has a broken window that is all taped together. If pieces of glass
fall and injure someone in the yard, who is financially responsible for
medical bills--the homeowner or the HOA?
ANSWER:
Regardless of who is responsible for repairing the window, the
association could get dragged into litigation if the board fails to act.
Owner Duty. If your CC&Rs make owners responsible
for repairing windows, boards have the power (and duty) to enforce the
CC&Rs. That means boards have the authority to compel owners to make
repairs. If directors sit on their hands and do nothing despite having
knowledge of potential injury or death to persons from falling glass,
they can expect to be named in any litigation that might result from
those injuries.
HOA Duty. If the CC&Rs make the HOA
responsible for repairing windows, the board needs to have the glass
replaced regardless of who broke it. Once the window has been repaired
the board can seek reimbursement from the person responsible for the
damage.
RECOMMENDATION:
Your board should seek an opinion from legal counsel on who is
responsible for replacing the glass and then take appropriate action to
ensure repairs are made.
SMALL HOAs
QUESTION: For our small 9-unit association, must annual notices and disclosures be sent out? Our annual income is very small.
ANSWER:
Unfortunately, California's Legislature has not taken into account the
burdens their laws impose on small associations. If your association's
gross income is below $75,000, you don't need a CPA review of your
annual
financial statement. All other requirements of the Davis-Stirling
Act--disclosures, reserve studies, election procedures, etc., apply.
Newsletters are for advertising & general information by
Adams Kessler PLC. Readers should not act on issues raised in our newsletters or website without consulting legal counsel. |
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