He Was Trapped in a Frozen Home Sale by an Unsafe Deck—Then Used Municipal Building Codes and HOA Insurance Liability to Force an Emergency Replacement
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When you live in an HOA, especially if it’s a townhome or a condo, the HOA usually takes care of any maintenance on the outside of the home.
While that might seem like a good thing, it can actually be complicated if a construction project is taking way too long and there’s nothing you can do about it since it’s in the hands of the HOA.
In this story, the HOA knows they need to replace the decks. They hired a construction company to do the work, and for awhile it seemed like everything was moving along…until it wasn’t.
Now, a homeowner is upset because he wants to move but he can’t because his desk has yet to be replaced.
Keep reading for the whole story.
I am being held by HOA Hostage! To make a long story short – I can’t move… My deck is unsafe! The buyer’s inspector took my home’s value from $220K and reduced the to $201K. (-$19K)
Yes the BOD identified the decks as being unsafe 2 years ago. They raised our HOA fees to cover replacement.
Now when I tried to move out of the HOA — the deck replacements are on hold.
I don’t know what to do.
OP shares newsletter updates from the HOA about the deck replacement project.
November 12, 2022 Newsletter from the BOD
Our deck project is rolling ahead. Yesterday, Darci and I (along with Stephanie, our KMC Property Manager, and Carmen, our KMC Project Manager for the decks) inspected the ones almost done and those about to be worked on. We are very pleased with the new decks and are so relieved to be replacing rickety decks with incredibly solid ones. We will keep pressing forward as the weather allows.
February 13 2023 Newsletter from BOD
Our deck project continues. There is punch list work to be done related to the first phase of decks that were replaced, which will happen in the coming weeks. We are also working on permits for the second phase, and work should begin on those once permits come through.
But the project has come to a screeching halt.
March 19, 2023 Newsletter from BOD
Deck project. Unfortunately, we have hit a significant road bump on this one. The engineer that inspected the old decks and spec’d the new ones noticed that there were several significant ways in which the new decks do not meet his specifications. The contractor is now aware of this and is developing a plan to correct the deficiencies.
The engineer and Board will review their plan and approve it before any corrective work takes place.
In the meantime, we are not starting on more decks until the first round is done properly. And the Board has already been thinking and talking about how to close the trust gap on future deck work (whether by the current contractor or a new one.)
The solution will likely involve the engineer being more involved as construction progresses to confirm his specs are being properly followed along the way.
The final update is pretty break.
June 4, 2023 Newsletter from BOD
Regarding our deck project: The contractor has been slow in providing a remediation plan, and what they have provided thus far is incomplete.
Our lawyer, the engineer, KMC, and the Board are all involved in receiving and reviewing a remediation plan to correct the balconies that need to be fixed.
I am very frustrated to not be able to provide you with a better and more complete update this time around.
OP needs advice.
Given my experience of being a homeowner in this community for 38 years, and it took 22 years just to check the storm drains I feel hopeless…
I want out, thoughts?
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I’m not sure what OP can do about the situation, but one positive is that whoever it is on the HOA board who is sending out the updates seems frustrated by the situation too. At least the board is annoyed with the delay instead of acting like it’s no big deal.
Let’s see how Reddit responded.
This person puts in perspective.
Another person has a suggestion.
It’s not like it’s impossible to sell.
If you enjoyed this story, check out this post about a home buyer who was surprised to learn his neighbors were upset about him removing a fence.
An HOA manager weighs in.
He can still list his place for sale. The buyers can still decide to buy his until. If the buyers are scared off because of the deck, he can have his realtor inform them of the HOA’s progress replacing the decks. The deck is going to be fixed. It just may not be fixed immediately.
Selling a home in an HOA can be complicated.
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