Several homeowners have asked, “Why do I need to sign the “Written Consent to Amend?” What difference does it make?"
It will be a whole lot less expensive if you and everyone signs the “Written Consent to Amend” form. At some point in the future, probably sometime after we have finished re-roofing the last of the fifteen roofs, we will begin to replace all the windows. It will be much less expensive if we have them all done at once, one building at a time, one (or two) building per year, similar to the way we are contracting to have the roofs installed, compared to if an individual homeowner would have them installed. We will be getting a group rate; this will help keep the dues down. Almost all of the dryrot which has been discovered has been found near or around the windows. According to the several contractors who have either made dryrot repairs or attempted dryrot repairs [some repairs, despite more than one contractor working on them, have not been successful, and complete window replacement has been necessary], this fact is due to poor building practices in the 1970’s, poor installations, poor caulking in these areas, and poor and inadequate (not painting enough throughout the years) painting jobs.
Sunday, July 16, 2006
Wednesday, July 12, 2006
Plumbing problem 7.
These major plumbing repairs are time consuming and expensive. They require coordination between Kenthill Townhomes [via Suhrco Residential Properties], Easthill Apartments, the City of Kent, the Kent Fire Department, and the plumbing contractor involved.
Tuesday, July 11, 2006
Plumbing problem 5.
A major plumbing problem was discovered at Building J [leak and also damaged water valve].
Saturday, July 01, 2006
Correcting a mistake
The statement concerning the fact that the maintenance of entry doors and screen doors are the responsibility of the Association (which was made by the Attorney for the Association) was first communicated to homeowners on the 06-27-05 monthly meeting minutes which were distributed in July. It was also elaborated on in a post on the blog on Sept. 3, 2005. Later on in October, this information was distributed to all 82 homeowners in a flyer which was placed on the doorsteps of units (or mailed to off-site owners). [The topic had been brought up by two homeowners at previous Annual Meetings in 2003 and again in 2005].
Here is the blog post dated September 3rd, 2005:
[Mr. Sundberg is discussing the old Declarations]:
Saturday, September 03, 2005
Attorney answer
“Hi, Tom.”Good questions. There is no specific section of the Declaration that states exterior windows and screen doors are common areas. Rather, these are legal interpretations based on the words used in the Declaration.
”In your case, it is necessary to review the sections of the Declaration pertaining to the boundaries of Apartments in connection with the description of common areas to determine whether exterior windows and screen doors should be considered part of an Apartment (and therefore be the responsibility of the individual owners) or be considered common areas (and therefore be the responsibility of the Association).
”Common areas are defined in Section 5.01 of the Declaration as “all parts of a building, except for the Apartments as defined by section 4.01, and the land.” Thus, if exterior windows and screen doors are not included in the boundary of an Apartment, as defined in section 4.01, then they are by default common areas.
”Legally speaking, an Apartment is essentially nothing more than a box of air. Its boundaries are defined in Section 4.01 Boundary of Apartment as follows:
”The apartment boundaries are the interior surfaces of the perimeter walls, floors ceilings, windows and doors and the apartment includes the airspace so encompassed except that any . . . structural or other mechanical parts of the building contained within a wall which is included in the perimeter of an apartment shown on the plans shall be part of the common area to the point of the surface of such wall . . . . (emphasis added)
”At most, the interior finished surface of the window frame (i.e. paint) is included within the boundary of an apartment. As a result, if the interior trim on a window frame needed to be painted it would be the responsibility of an individual owner. However, the window frame and all structural components of the window are common areas and thus the responsibility of the Association.
”Screen doors are clearly outside of the Apartment boundary and are therefore also common areas and the responsibility of the Association. Under the same analysis, it is clear that exterior doors are part of the common area building structures and the Association’s responsibility.
”Keep in mind, however, that if all exterior doors in the condominium need to be replaced as indicated in your email, through economies of scale, it should be much cheaper for the Association to have the work done all at once than to have the individual owners contract separately to have each door replaced. So maybe this isn’t so bad after all.
”Let me know if you need anything else.
Kris Sundberg”
------------------------------------------------------
In 2006, when the new, revised Declarations were made, a list of those items that were designated, “Limited Common Areas” was written. Limited Common Areas are those areas that still belong to the Association (they belong to all of us, in common), but which are set aside as areas that the homeowner is responsible for maintaining. Windows, exterior doors, and screen doors were included in this list. This was a mistake.
Each homeowner was sent a copy of the new, revised Declarations in April. The paragraph is Section 7.1.2. on page 14.On June 16th, homeowners were sent a letter explaining the mistake .
The paragraph Section 7.1.2 will be replaced with one that leaves out windows, exterior doors, and screen doors, thus making them “Common Areas” again, and the responsibility of the Association to maintain. By signing the “Written Consent to Amend” and sending it in, homeowners correct the mistake which was made.
Here is the blog post dated September 3rd, 2005:
[Mr. Sundberg is discussing the old Declarations]:
Saturday, September 03, 2005
Attorney answer
“Hi, Tom.”Good questions. There is no specific section of the Declaration that states exterior windows and screen doors are common areas. Rather, these are legal interpretations based on the words used in the Declaration.
”In your case, it is necessary to review the sections of the Declaration pertaining to the boundaries of Apartments in connection with the description of common areas to determine whether exterior windows and screen doors should be considered part of an Apartment (and therefore be the responsibility of the individual owners) or be considered common areas (and therefore be the responsibility of the Association).
”Common areas are defined in Section 5.01 of the Declaration as “all parts of a building, except for the Apartments as defined by section 4.01, and the land.” Thus, if exterior windows and screen doors are not included in the boundary of an Apartment, as defined in section 4.01, then they are by default common areas.
”Legally speaking, an Apartment is essentially nothing more than a box of air. Its boundaries are defined in Section 4.01 Boundary of Apartment as follows:
”The apartment boundaries are the interior surfaces of the perimeter walls, floors ceilings, windows and doors and the apartment includes the airspace so encompassed except that any . . . structural or other mechanical parts of the building contained within a wall which is included in the perimeter of an apartment shown on the plans shall be part of the common area to the point of the surface of such wall . . . . (emphasis added)
”At most, the interior finished surface of the window frame (i.e. paint) is included within the boundary of an apartment. As a result, if the interior trim on a window frame needed to be painted it would be the responsibility of an individual owner. However, the window frame and all structural components of the window are common areas and thus the responsibility of the Association.
”Screen doors are clearly outside of the Apartment boundary and are therefore also common areas and the responsibility of the Association. Under the same analysis, it is clear that exterior doors are part of the common area building structures and the Association’s responsibility.
”Keep in mind, however, that if all exterior doors in the condominium need to be replaced as indicated in your email, through economies of scale, it should be much cheaper for the Association to have the work done all at once than to have the individual owners contract separately to have each door replaced. So maybe this isn’t so bad after all.
”Let me know if you need anything else.
Kris Sundberg”
------------------------------------------------------
In 2006, when the new, revised Declarations were made, a list of those items that were designated, “Limited Common Areas” was written. Limited Common Areas are those areas that still belong to the Association (they belong to all of us, in common), but which are set aside as areas that the homeowner is responsible for maintaining. Windows, exterior doors, and screen doors were included in this list. This was a mistake.
Each homeowner was sent a copy of the new, revised Declarations in April. The paragraph is Section 7.1.2. on page 14.On June 16th, homeowners were sent a letter explaining the mistake .
The paragraph Section 7.1.2 will be replaced with one that leaves out windows, exterior doors, and screen doors, thus making them “Common Areas” again, and the responsibility of the Association to maintain. By signing the “Written Consent to Amend” and sending it in, homeowners correct the mistake which was made.