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  1. #1
    Tim Moreira's Avatar
    Tim Moreira Guest

    Default Condo/Townhouse Boiler Plate

    Anyone use a standard boiler plate for townhouses/condos for exterior areas that are covered by the "association" for repairs. IE roofing, exterior envelope, driveway, sidewalk, road thru complex.

    Thanks

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  2. #2
    Jon Randolph's Avatar
    Jon Randolph Guest

    Default Re: Condo/Townhouse Boiler Plate

    I explain to the client that the associations are usually responsible for the exterior and to find out exactly what they are and are not responsible for.

    But......I still perform the inspection just as I would on a stand alone home.

    1. While the association may be responsible for the roof, a leaky flashing can damage the areas (both cosmetic and structural) that the owner is responsible for.

    2. Improper drainage around the home can cause moisture issues and WDO damaged floor joists.

    3. If someone falls and is injured due to the heaved sidewalk that is the associations responsibility, I guarantee you that anyone who can be mentioned in a lawsuit will be sued.

    4. Etc, etc. etc.


  3. #3
    Join Date
    Mar 2007
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    Ormond Beach, Florida
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    25,315

    Default Re: Condo/Townhouse Boiler Plate

    Quote Originally Posted by Tim Moreira View Post
    Anyone use a standard boiler plate for townhouses/ ...
    If it is a townhouse, the owner is ultimately responsible as they "own it". In some places "the association" will take care of exterior painting and the roof to make sure that no townhouse gets run down looking - but the owner "owns it" and is responsible for whatever the association does not do, or does wrong (but that's a different matter between the owner and the association, which could very well feed the sharks).

    [quote ... condos for exterior areas that are covered by the "association" for repairs.[/quote]

    With condos, the association owns everything, the structure, the building, the roof, etc., and is thus responsible for its upkeep in maintenance, repair, and replacement.

    Completely different animal than a townhouse.

    ... driveway, sidewalk, road thru complex.
    Once you get outside the townhouse (which also actually owns the land it sets on, and quite possibly some more at the front, rear, or side) and past the land owned by the unit owner, then the associations - both townhouse and condo - own it all as common area.

    I always inspected a townhouse as a single family house as the client will "own it", regardless of what the association 'may take care of'.

    All of the common areas (with townhouse and condo), though, I did not inspect and reported as such, however, if I saw something 'not good' walking to or from the inspection, I would add it to the report and tell my client to check it out with the association management, as well as to check out how the management is dealing with reserves for whatever the association is responsible for, i.e., everything you stated.

    If my client finds no reserves, and they likely may not, that's an indication of a VERY POORLY RUN association and any client with any common sense will walk away, as the alternative to having reserves for major repairs is to make "special assessments" for each - that means that later buyers (like my clients) could very well end up having to pay for the enjoyment of early buyers and sellers through special assessments to repair what has worn out during the previous usage.

    I've had many clients walk simply based on finding that the association *had no reserves for anything*.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  4. #4
    Join Date
    Mar 2007
    Location
    Chicago, IL
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    2,797

    Default Re: Condo/Townhouse Boiler Plate

    Here's the boilerplate from the "Introduction" section of my reports:

    -----------------


    -- Important: Limitations of Condominium/Townhome inspections --

    Because of limitations of time and access, it is not possible to determine the condition of a condominium or townhome’s “common elements” during the inspection of an individual unit. As agreed in our inspection contract, only the portions of components or systems which are your sole financial responsibility as owner of this condominium/townhome unit were inspected - portions of components or systems which are part of the common elements are specifically excluded from this inspection.

    Please note that while I may comment on the condition of common elements I observe incidental to your unit's inspection if I believe this information will be useful it is important that you understand that I did not inspect the common elements in detail and that any observations I make with regard to common elements may be incomplete or inaccurate. Always obtain independent confirmation before acting upon any observations I make regarding the condition of common elements.


    Because I cannot determine the condition of the common elements, it is important that you take steps to protect yourself with regard to the conditions of these portions of the building. I strongly recommend that you obtain and review all information relevant to the condition of the common elements, such as budgets, reserve studies, written reports on property condition and and/or estimates for repairs and improvements by contractors, engineers and architects and minutes or other records of board meetings and actions relevant to the property's condition. If you wish to determine if any improvements and repairs to either the common element or within your unit were performed with the required permits and successfully passed municipal inspection, you can review these records at the local building department or other authority - these are public records and open to inspection by anyone.


    ---------------------------



    Here's how I report an individual item:


    -------------------------

    Observation: At the northwest corner of the roof the roof membrane and decking is sagging and water is ponding at this location. See attached picture for details.

    Analysis: Repair of sagging roof decks is usually a major expense.


    Recommendation: Maintenance of the roof is the responsibility of the condominium association. Prior to close of escrow, determine from the sellers or the condominium association if the association is aware of this problem, and if it has made plans to correct it.

    Last edited by Michael Thomas; 10-16-2007 at 06:53 AM.

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