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| This Letter was sent to homeowners: |
| According to management and the board, many units here need repairs prior to painting the complex. Late last summer management hired Axis Construction to inspect the property and bid on the repairs they felt necessary for each unit. Axis found some units needed extensive repairs, others little or none. If your unit needed repairs, you were encouraged by management and the board to use Axis construction to get the �group rate.� They are attempting to shove Axis Construction down our throats. Their estimates are very high. Everyone has the option of hiring another contractor or doing the work him/herself. According to the newsletter, the painting will be scheduled for September. Notices were sent to those needing repairs and this statement appears in the July 3, 2007 notice: �Axis Construction will start the work on the homeowners units who have already contracted the work to be done by them. They will also inspect the units that were repaired either by the homeowner or their authorized contractor. If during the course of the inspections, Axis finds further work to be completed, they will finish the repairs and the cost of those repairs will be added to each units assessment. The cost will then be subject to the Association�s Delinquency Policy and will accrue those late fees and interest charges as determined by the policy.� The board cannot simply assess a homeowner�s account without due process. They must first notify the homeowner of any defects and give him/her the opportunity remedy them with him/her own contractor. If the board is still not satisfied, it can notify the homeowner, in writing, of a hearing. Only after all these steps can they assess a homeowner�s account. In addition, Axis will be inspecting the work of other contractors. It will be difficult for them to do this without prejudice, since they would profit by finding ''further work to be completed." In addition, the work on some units will require permits from the City and those repairs will by inspected by City inspectors. If such and inspection is even necessary, it would definitely be in the Association and Board�s best interest to have a neutral, third party inspect the repairs. The board has handed Axis Construction a blank check and we pay. From our CC&Rs: Article VIII Section 8.03 Owner Liability. (a) The Board shall have the absolute discretion to determine whether any maintenance, repair or replacement, which is the responsibility of an Owner, is necessary to preserve the appearance and value of the property within the Development or any portion thereof and may notify an Owner of the work it deems necessary. In the event an Owner fails to perform such work within thirty (30) days after notification by the Board to the Owner, the Board may, after written notice to the Owner and an opportunity for a hearing before the Board, cause such work to be done and charge the cost thereof to the Owner as a Reimbursement Assessment. I see lawyers� |
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| Board Hires Fox to Guard Henhouse
Conflict of Interest and Assessment of Accounts without Due Process |