CC&R

Originally Posted By: ssmith3
This post was automatically imported from our archived forum.



Quote:
Section 3 The Association shall maintain, repair and replace the following Exclusive use common areas: All carports, and storage areas. The Association shall also repair, replace and maintain all decks, patios and porches.


and just a little further down on the same page was this gem:

Quote:
Section 4 subsection d Owners' Maintenance and Repair Responsibilities. Maintain, repair and replace any Exclusive Use Common Areas adjacent to his or her Unit other than the Exclusive Use Common Areas described in section 3 above, (which shall be repaired, maintained and replaced by the Association). Without limiting the foregoing it is expressly agreed that Owners shall be responsible for all routine maintenance of decks, porches and patios.



So the question is raised, who really "maintains" the decks, patios and balconies??



I only point out issues like this when I find an problem during my inspection that it is unclear on who would be responsible for the repair. I don’t get into the color of curtains and type of window treatments allowed etc…[/u]



Scott Smith


Marinspection


Vice President NorCal NACHI Chapter


I graduated from collage. Now my life is all mixed up.

Originally Posted By: ssmith3
This post was automatically imported from our archived forum.



I see many are looking but no one is posting. Here is the question without any extras.




Do you review the CC&R for clients purchasing a property that has a HOA? If so, what are you looking for? If not, WHY?



Scott Smith


Marinspection


Vice President NorCal NACHI Chapter


I graduated from collage. Now my life is all mixed up.

Originally Posted By: dbush
This post was automatically imported from our archived forum.



Scott, I would have answered, but I have no idea what a CC&R is.


Dave


--
Dave Bush
MAB Member

"LIFE'S TOUGH, WEAR A HELMET"

Originally Posted By: ssmith3
This post was automatically imported from our archived forum.


CC&R = rules governing the home owners association. i.e. how it was formed, how it’s governed, financial info, what you as a home owner is and is not allowed to do. What you are responsible for repairing.



Scott Smith


Marinspection


Vice President NorCal NACHI Chapter


I graduated from collage. Now my life is all mixed up.

Originally Posted By: dbush
This post was automatically imported from our archived forum.



Gotcha. Round here we don’t have Home Owner’s Associations.



Dave Bush


MAB Member


"LIFE'S TOUGH, WEAR A HELMET"

Originally Posted By: gbeaumont
This post was automatically imported from our archived forum.



Hi Scott,


I have on occasions gone over the association documentation, but only if the client really needs help or is gorgeous ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif) For the most part I expect the buyers lawyer to point out to the client what of all is involved in buying into an association.

However as I have said before I do a full inspection regardless of what the association is supposed to be taking care of, and quite often tell the client to discuss problems in group owned areas (like roofs) with their lawyers as they may end up with unexpected liabilities from lack of maintinence.

Regards

Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: gbell
This post was automatically imported from our archived forum.



NO



Greg Bell


Bell Inspection Service

Originally Posted By: ssmith3
This post was automatically imported from our archived forum.


Gerry, Out here on the “Left Coast” not too many lawyers involved in real estate transactions. Mostly the agent going thru them at the same pace as those guys who read the disclaimers on TV at the end of the car ads “onlyoneatthispricesubjecttopriorsaleallsalesfinalnoifsandsorbutts”



Scott Smith


Marinspection


Vice President NorCal NACHI Chapter


I graduated from collage. Now my life is all mixed up.

Originally Posted By: gbeaumont
This post was automatically imported from our archived forum.



Scott, in that case even more reason to do more than a basis interiors only inspection, and I would certainly include a disclaimer in your contract to the efect that puts the buyers under an obligation to read and understand the by-laws of the association.


there have been many documented cases where a buyer of a condo has sued an inspector for not making them aware of issues that have led to major costs after the purchase.

Having said that I'm not an expert on CA real estate law

Regards

Gerry


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"