Saturday, October 25, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

HOA did earthquake retrofitting without engineering data or plans

By
From page HSR2 | May 03, 2014 |

Q: I own a home in West Sacramento and we have a homeowners association. During the regularly scheduled maintenance the Association took on the replacement of damaged siding. They obtained a permit from the city for the repair. While doing this repair they also decided to perform what they called earthquake retrofitting. This included removing the existing building hold downs and installing new, upgraded ones.

There was no permit from the city for this work and a stop work order was issued to them by the building department. The city later issued a permit for this work.

I have had the home inspected by a seismic engineer who has issued a written report on the work the Association did, and he states that the Association has structurally weakened the building by removing the original structural supports and installing new ones without engineering data or plans.

The CC&Rs prohibit the Association from doing structural work to the building. I have talked with the Association about this and they refuse to make any corrections. Please let me know what can be done about this if anything.

A:  I don’t know from your email whether you can, or even should, do anything about it.

First, the replacement of damaged wood siding is generally the responsibility of the homeowner when you’re talking about single-family homes, but not always. Some communities operate much like a condominium complex and make the HOA responsible for all outside maintenance.

The fact that the HOA replaced the seismic hold downs is curious to me. I can’t imagine why they undertook that project without the recommendation of an engineer.

Some of the very oldest developments are sometimes retrofitted for earthquake protection since, because of their age, they were constructed without the benefit of modern technology.

You haven’t told me how old your development is. But assuming it was built in the past 35 years or less, it would have been constructed with earthquakes in mind and therefore the buildings are secured to their foundations.

I can’t imagine the HOA would spend the money to retrofit the buildings without compelling evidence that such a correction is necessary.

Keep in mind that engineers, just like lawyers, can look at the same set of facts and come out with two different opinions. It’s possible that’s what is happening here.

You haven’t told me if the HOA is levying a special assessment against you to pay for this retrofitting. Associations are authorized under the California Civil Code to require owners to pay a special assessment, but only under limited circumstances.

Check the HOA’s records and see what resolutions the board of directors passed authorizing the expenditure of the retrofit monies. You may find the HOA made certain factual findings regarding the necessity for the work.

Whether or not the CC&Rs authorized the retrofit work is a fact I cannot address without first having read the document.

It would be unusual for the CC&Rs to require the HOA to repair or replace the exterior siding without also authorizing them to make structural corrections as well. A careful reading may help clarify their authority.

If you really feel your money has been wasted, the building weakened, and the HOA acted outside of their authority, you can go to court and ask a judge to issue certain orders correcting the problem.

But I think you need more facts before you go down that road.

Tim Jones is a real estate attorney in Fairfield.  If you have any real estate questions you can contact him at SolanoScene@TJones-Law.com.

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

 
 
Fall Harvest Festival brings children back to school

By Susan Hiland | From Page: A3 | Gallery

 
Optimist Club brings youth together for Halloween golf

By Amy Maginnis-Honey | From Page: A3

 
Cut-a-thon to help fight cancer, abuse

By Susan Hiland | From Page: A3

 
School board candidates forum set next week

By Susan Winlow | From Page: A4

 
Staying active may prolong your life

By Scott Anderson | From Page: B8

 
Suisun City police log: Oct. 23, 2014

By Susan Hiland | From Page: A9

.

US / World

Suspect arrested in death of 2 California deputies

By The Associated Press | From Page: A1, 5 Comments

 
KC-10 from Travis lands in Houston, smoke in cockpit

By The Associated Press | From Page: A3, 1 Comment

Reagan astrologer, Joan Quigley, dies at 87

By The Associated Press | From Page: A4, 2 Comments

 
Jury says castrated sex offender should be freed

By The Associated Press | From Page: A4

Remains belong to missing Virginia student

By The Associated Press | From Page: A5

 
Dallas nurse receives thanks, hug from Obama

By The Associated Press | From Page: A5, 14 Comments

School gunman was Homecoming prince, students say

By The Associated Press | From Page: A5, 2 Comments

 
Lava creeps toward road on Hawaii’s Big Island

By The Associated Press | From Page: A5

NY, NJ order Ebola quarantine for doctors, others

By The Associated Press | From Page: A9

 
Gunman in Canada attack complained about mosque

By The Associated Press | From Page: A10

Egypt declares emergency in northern Sinai

By The Associated Press | From Page: A10

 
Militant group said to be using chlorine bombs

By The Associated Press | From Page: A10, 1 Comment

Putin accuses US of undermining global stability

By The Associated Press | From Page: A10, 1 Comment

 
.

Opinion

SEIU shouldn’t own Board of Supervisors

By Letter to the Editor | From Page: A8, 7 Comments

 
Vote, and make a difference

By Letter to the Editor | From Page: A8, 4 Comments

Yes on Measure A

By Letter to the Editor | From Page: A8, 4 Comments

 
Spering best choice for county supervisor

By Daily Republic | From Page: A8, 8 Comments

Return Garamendi to Congress

By Daily Republic | From Page: A8, 27 Comments

 
Editorial Cartoons: Oct. 25, 2014

By Daily Republic Syndicated Content | From Page: A8

.

Living

Today in History: Oct. 25, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Oct. 25, 2014

By Susan Hiland | From Page: A2

Horoscopes: Oct. 25, 2014

By Holiday Mathis | From Page: A7

 
My mother-in-law wants me to convert to Catholicism, but I don’t want to

By Kathy Mitchell and Marcy Sugar | From Page: A7

Hello Kitty turning 40, and the birthday bash will be ‘supercute’

By Mcclatchy-Tribune News Service | From Page: B8

 
.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B9

 
TLC cancels its ‘Honey Boo Boo’ series

By The Associated Press | From Page: B9, 3 Comments

P.D. James’ riff on Jane Austen comes to TV

By The Associated Press | From Page: B9

 
.

Sports

Hamilton helps Vanden sink Vallejo, 35-0

By Nick DeCicco | From Page: B1

 
Vintage rolls past Armijo, 55-8

By Mike Corpos | From Page: B1

Mustangs fall flat in rout by Wildcats

By Marcus Lomtong | From Page: B1, 4 Comments

 
Royals beat Giants 3-2 for 2-1 World Series lead

By The Associated Press | From Page: B1 | Gallery

Vargas to take on Vogelsong in Game 4 of Series

By The Associated Press | From Page: B1 | Gallery

 
Falcons hang with Wolves in 34-8 setback

By Paul Farmer | From Page: B1, 1 Comment | Gallery

Henley’s putting gets him lead at Sea Island

By The Associated Press | From Page: B2

 
Judge halts New Jersey’s sports betting plan

By The Associated Press | From Page: B2

Joe Maddon exercises opt-out, won’t return to Rays

By The Associated Press | From Page: B2

 
Jamie McMurray bests Chase drivers to win pole

By The Associated Press | From Page: B2 | Gallery

Attorney: NFL, Ravens not helping union in Rice probe

By The Associated Press | From Page: B2

 
SCC women’s soccer team falls to Mendocino 3-1

By Daily Republic staff | From Page: B2

Unfazed, 49ers coach Jim Harbaugh doing it his way

By The Associated Press | From Page: B2

 
Lloyd leads US women past Mexico 3-0

By The Associated Press | From Page: B2

Raiders’ Woodley, Young expected to be placed on IR

By The Associated Press | From Page: B2

 
This date in sports history for Saturday, Oct. 25, 2014

By The Associated Press | From Page: B3

 
.

Business

US official: Auto safety agency under review

By The Associated Press | From Page: B4

 
Ford profit falls in third quarter on truck costs

By The Associated Press | From Page: B4

Procter & Gamble taking out its batteries

By The Associated Press | From Page: B4

 
UPS expects double-digit surge in Dec shipments

By The Associated Press | From Page: B4

US new-home sales close to flat in September

By The Associated Press | From Page: B4

 
.

Obituaries

Mark Dean Lindsay

By Nancy Green | From Page: A4, 1 Comment

 
.

Comics

Peanuts

By Daily Republic Syndicated Content | From Page: A6

 
Pickles

By Daily Republic Syndicated Content | From Page: A6

Beetle Bailey

By Daily Republic Syndicated Content | From Page: A6

 
B.C.

By Daily Republic Syndicated Content | From Page: A6

Dilbert

By Daily Republic Syndicated Content | From Page: A6

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: A6

Rose is Rose

By Daily Republic Syndicated Content | From Page: A6

 
Garfield

By Daily Republic Syndicated Content | From Page: A6

Baldo

By Daily Republic Syndicated Content | From Page: A6

 
Baby Blues

By Daily Republic Syndicated Content | From Page: A6

Frank and Ernest

By Daily Republic Syndicated Content | From Page: A6

 
Sally Forth

By Daily Republic Syndicated Content | From Page: A6

Wizard of Id

By Daily Republic Syndicated Content | From Page: A6

 
Blondie

By Daily Republic Syndicated Content | From Page: A6

Zits

By Daily Republic Syndicated Content | From Page: A6

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: A6

Cryptoquote

By Daily Republic Syndicated Content | From Page: A7

 
Crossword

By Daily Republic Syndicated Content | From Page: A7

Bridge

By Daily Republic Syndicated Content | From Page: A7

 
Sudoku

By Daily Republic Syndicated Content | From Page: A7

Word Sleuth

By Daily Republic Syndicated Content | From Page: A7

 
.

Home Seller 10/25/14

Real estate transactions for Oct. 25, 2014

By Daily Republic | From Page: HSR2