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”
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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.
Saturday, June 24, 2006
Highland Park
The new condominium complex which is located next to the Dairy Queen is called, “Highland Park”. The telephone number on the sign in front of the property was called and any information they had about the property was requested. The receptionist replied that construction had been delayed but would commence within the week. A representative from the City of Kent replied to an e-mail and stated that the owner intended to build a fence separating our two properties.
Thursday, June 22, 2006
Building Representatives
With the passage of our new, revised Declarations and Bylaws, and with the passage of the Resolution establishing a Building Representative Committee, we now have the ability to have Building Reps again. If you are a Kenthill Townhomes homeowner and would like to volunteer to be the Building Rep for the building in which you live, please contact a Board member. Your assistance would be greatly appreciated.
Friday, June 09, 2006
Summer newsletter
Hello everyone:
This Summer Newsletter is intended to give some information about current events and to offer some reminders.
We continue to struggle with parking issues. We have 15 buildings in our condominium complex. Some buildings have virtually no parking issues, others have some parking issues, and for a few buildings it is an ongoing problem which is of great concern to those residents living there. There is no other way to address this problem fairly than to continue to enforce all the rules and regulations as they are written for all 82 homeowners in all 15 of our buildings.
With the passage of our new, revised Declarations and Bylaws, we now have the ability to tow vehicles again which are not in compliance with the House Rules. A total of three vehicles have been towed so far. The first requirement of the House Rules with respect to vehicles is that every vehicle must display a Kenthill Townhomes Parking Tag.
If you are a homeowner or a tenant at Kenthill Townhomes, please, please, please make sure you have a Parking Tag displayed on your vehicle(s). Parking Tags can be obtained by contacting a Board member. By the end of the summer, all vehicles not displaying valid Parking Tags risk having their vehicle towed. It is the only way.
A related problem is the matter of not having adequate information on all our homeowners. The Kenthill Townhomes Owner/Tenant Information Sheet is very important for the Association and for the property management company. This information is kept confidential – but is essential to managing a property. It has all the information for contacting individuals in an emergency regarding leaks, etc. It also includes information regarding emergency contacts for individual owners in case there is a need such as earthquake, fire, injury, etc. If you have not already done so, please fill out and send in the attached Suhrco form. Do not assume that because you have lived here, that this information is already recorded. Our old management company did not give the new management company complete information files during the transition in 2005. Never send in any information to Suhrco along with a monthly dues payment, as monthly dues payments go directly to a locked box, and from there directly into our account at the bank.
There have been several thefts and car prowls on the property. Residents may wish to inquire at the local hardware stores about locking devices for their sliding glass doors.
The City of Kent recently revised the codes with respect to smoke detectors making smoke detectors a requirement for condominiums.
[The Deputy Fire Marshall for the City of Kent was a source for information regarding this issue. Mr. Nadir informed the Board that, in fact, smoke detectors are a requirement. Pressed on the matter, he was asked if condominiums are treated the same as apartment complexes, with respect to this specific issue. He replied, quote: “Yes, smoke detectors are required in condos. They are a requirement, whether it is a private occupancy or not.” End quote.]
If you are having someone do remodeling in the interior of you Unit, please make sure they understand that objects such as doors, stoves, refrigerators, and remodeling materials are to be disposed of off-site. Information regarding the location of water valves for each building may be found in the interior of the utility shed attached to each building (in addition to the water key tool used for turning the water on/off for each building).
Please break down any cardboard boxes before placing them in the recycle bins. Only those materials listed on the exterior of the recycle bins may be placed inside.
Yards are Common Areas and are not to be used for sporting events. Activities such as volleyball, badminton, mini golf, etc. are prohibited.
Please walk any pets in areas away from Kenthill Townhomes. The landscaped areas are Common Areas as defined by our Declarations, and are not the potty areas for pets.
This Summer Newsletter is intended to give some information about current events and to offer some reminders.
We continue to struggle with parking issues. We have 15 buildings in our condominium complex. Some buildings have virtually no parking issues, others have some parking issues, and for a few buildings it is an ongoing problem which is of great concern to those residents living there. There is no other way to address this problem fairly than to continue to enforce all the rules and regulations as they are written for all 82 homeowners in all 15 of our buildings.
With the passage of our new, revised Declarations and Bylaws, we now have the ability to tow vehicles again which are not in compliance with the House Rules. A total of three vehicles have been towed so far. The first requirement of the House Rules with respect to vehicles is that every vehicle must display a Kenthill Townhomes Parking Tag.
If you are a homeowner or a tenant at Kenthill Townhomes, please, please, please make sure you have a Parking Tag displayed on your vehicle(s). Parking Tags can be obtained by contacting a Board member. By the end of the summer, all vehicles not displaying valid Parking Tags risk having their vehicle towed. It is the only way.
A related problem is the matter of not having adequate information on all our homeowners. The Kenthill Townhomes Owner/Tenant Information Sheet is very important for the Association and for the property management company. This information is kept confidential – but is essential to managing a property. It has all the information for contacting individuals in an emergency regarding leaks, etc. It also includes information regarding emergency contacts for individual owners in case there is a need such as earthquake, fire, injury, etc. If you have not already done so, please fill out and send in the attached Suhrco form. Do not assume that because you have lived here, that this information is already recorded. Our old management company did not give the new management company complete information files during the transition in 2005. Never send in any information to Suhrco along with a monthly dues payment, as monthly dues payments go directly to a locked box, and from there directly into our account at the bank.
There have been several thefts and car prowls on the property. Residents may wish to inquire at the local hardware stores about locking devices for their sliding glass doors.
The City of Kent recently revised the codes with respect to smoke detectors making smoke detectors a requirement for condominiums.
[The Deputy Fire Marshall for the City of Kent was a source for information regarding this issue. Mr. Nadir informed the Board that, in fact, smoke detectors are a requirement. Pressed on the matter, he was asked if condominiums are treated the same as apartment complexes, with respect to this specific issue. He replied, quote: “Yes, smoke detectors are required in condos. They are a requirement, whether it is a private occupancy or not.” End quote.]
If you are having someone do remodeling in the interior of you Unit, please make sure they understand that objects such as doors, stoves, refrigerators, and remodeling materials are to be disposed of off-site. Information regarding the location of water valves for each building may be found in the interior of the utility shed attached to each building (in addition to the water key tool used for turning the water on/off for each building).
Please break down any cardboard boxes before placing them in the recycle bins. Only those materials listed on the exterior of the recycle bins may be placed inside.
Yards are Common Areas and are not to be used for sporting events. Activities such as volleyball, badminton, mini golf, etc. are prohibited.
Please walk any pets in areas away from Kenthill Townhomes. The landscaped areas are Common Areas as defined by our Declarations, and are not the potty areas for pets.
Sunday, June 04, 2006
Sunday, May 28, 2006
Tuesday, May 23, 2006
Thursday, May 18, 2006
Friday, April 28, 2006
Steady increase
At the meeting in March, it was stated in the Treasurer's Report (see post below):
"However, the number of delinquencies over 90 days has continued to steadily increase since then and into 2006. For the period ending March 27, 2006 we now have a monthly deficit of $12,445".
For the period ending April 24th, 2006, that figure is now up to $14,802.
"However, the number of delinquencies over 90 days has continued to steadily increase since then and into 2006. For the period ending March 27, 2006 we now have a monthly deficit of $12,445".
For the period ending April 24th, 2006, that figure is now up to $14,802.
Thursday, April 27, 2006
Homeowners and the court system
Questions were asked at the recent homeowners meetings regarding homeowners who do not pay their homeowners dues.
Question: “Why does it take so long to eventually get these homeowners to move out of Kenthill Townhomes?”
Answer: First there is a letter. Then there is a letter with a fine. Eventually, after 90 days, a lien is placed on the Unit. From that point on, it is not cost effective to pursue the homeowner. Collection agencies are prohibited according to our old Declarations as well as our new Declarations. During this time, until the next step, the only option available to the Association is to take the homeowner to small claims court. However, even if the Association wins, and it is not guaranteed that they will, they still have to obtain the money form the homeowner. And the homeowner may not be willing, or even able, to pay. When the amount owed reaches $1000, it becomes cost effective to begin again with the Attorney for the Association, and begin the legal steps to foreclose on the Unit.
From this point on, it becomes a matter of legal steps, a series of back and forth legalities, whereby the Attorney for the Association and the homeowner go back and forth with the foreclosure process. A foreclosure is filed. A stay of foreclosure is filed. A filing to forego the stay is filed. A request to make payments is requested. A request to make payments is denied. A check may be sent. The check may not be honored (bounced). A request for an extension is filed. The request for an extension is denied. Even when the Association wins, the courts are so far behind in cases in backlog, that it may still take an enormous amount of time to get it through the system. [Many, many people are filing for bankruptcy]. By this time, the homeowner may owe Kenthill Townhomes Homeowners Association thousands and thousands of dollars in back dues.
Eventually, there is a Sheriffs sale, and the homeowner is evicted from the Unit. Then there is a Trustees sale. This is where the Unit is placed up for sale by the bank or the mortgage holder. Then the Unit eventually sells.
Question: “Why does it take so long to eventually get these homeowners to move out of Kenthill Townhomes?”
Answer: First there is a letter. Then there is a letter with a fine. Eventually, after 90 days, a lien is placed on the Unit. From that point on, it is not cost effective to pursue the homeowner. Collection agencies are prohibited according to our old Declarations as well as our new Declarations. During this time, until the next step, the only option available to the Association is to take the homeowner to small claims court. However, even if the Association wins, and it is not guaranteed that they will, they still have to obtain the money form the homeowner. And the homeowner may not be willing, or even able, to pay. When the amount owed reaches $1000, it becomes cost effective to begin again with the Attorney for the Association, and begin the legal steps to foreclose on the Unit.
From this point on, it becomes a matter of legal steps, a series of back and forth legalities, whereby the Attorney for the Association and the homeowner go back and forth with the foreclosure process. A foreclosure is filed. A stay of foreclosure is filed. A filing to forego the stay is filed. A request to make payments is requested. A request to make payments is denied. A check may be sent. The check may not be honored (bounced). A request for an extension is filed. The request for an extension is denied. Even when the Association wins, the courts are so far behind in cases in backlog, that it may still take an enormous amount of time to get it through the system. [Many, many people are filing for bankruptcy]. By this time, the homeowner may owe Kenthill Townhomes Homeowners Association thousands and thousands of dollars in back dues.
Eventually, there is a Sheriffs sale, and the homeowner is evicted from the Unit. Then there is a Trustees sale. This is where the Unit is placed up for sale by the bank or the mortgage holder. Then the Unit eventually sells.
Tuesday, April 25, 2006
Walk-Thru completed
Kenthill Townhomes Board members completed the first official Walk-Thru of 2006. The entire property plat was walked, all 15 buildings were looked at, and every one of our 82 units were examined both front and back. Numerous notes were taken. Suhrco Residential Properties will be instructed to send out several letters to homeowners with respect to many issues. In accordance with our House Rules, some of these will incude fines (due to ongoing non-compliance).
The attached photo is not one of the Board members performing the Walk-Thru, but a reminder to not feed the animals.