Are owners responsible for improvements to building by builder 4 years after building is occupied?
Bellingham, WA
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Posted about 1 month ago in Construction / Development
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Builder completed two more adjacent condo buildings and decided that our already occupied building needed stone trimming. Our building was asked to vote and we voted no. We were assessed anyway a total of about 16K for the labor. The area trimmed with stone was not large and the builder had the stone on the premises. We paid but was this legal or what?
Answers (2)Joseph Clark Melino
This attorney is licensed in California.
Posted about 1 month ago.
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I cannot tell you what Washington law would be. In California the issue would depend on what is said in your CC&R's and in the bylaws of the Condo Association. I can only assume from your comment that the Condominium Complex was built in stages by the same developer, and each stage was governed by a different Condominium Association.
That raises issues as it regards the developer/builder's [if it is the case of a single entity] continuing right to make changes to the common area over the entire complex in order to revise and change each stage. In many projects the developer/builder retains the right to make architectural changes to harmonize the entire development. Those reserved rights are normally found in the recorded CC&R's. This answer is under the Avvo system and is subject to its Terms of Use and is not to be considered as creating a lawyer/client relationship. I am only licensed in the State of California and this answer is based on California law. Shawn B Alexander
This attorney is licensed in Washington.
Posted about 1 month ago.
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I agree with Mr.Melino, the basis for the authority of the payment must be in the governing documents. The Association must rely on the documents and cannot distribute funds without authority.
Good Luck |