Friday, December 19, 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

 
Groundbreakings, ribbon-cuttings play role in civic life

By Barry Eberling | From Page: A1, 1 Comment | Gallery

Sondheim’s ‘Woods’ holiday showcase for Missouri Street Theatre

By Amy Maginnis-Honey | From Page: B1 | Gallery

 
Frankye Kelly ready to spread holiday cheer

By Amy Maginnis-Honey | From Page: B1

 
Celebrate the magic of Christmas

By Tony Wade | From Page: A2, 2 Comments

 
 
Safe streets task force work nets 3

By Ryan McCarthy | From Page: A3, 5 Comments

Santas have busy week at schools

By Susan Hiland | From Page: A3, 2 Comments

 
Solano College approves officers, meeting schedule

By Susan Winlow | From Page: A4

Longtime Suisun harbor master to retire

By Ian Thompson | From Page: A4, 2 Comments

 
 
 
Suisun City police log: Dec. 17, 2014

By Susan Hiland | From Page: A12, 1 Comment

 
Fairfield police log: Dec. 17, 2014

By Susan Hiland | From Page: A12

 
.

US / World

Next steps on Cuba: Normalizing could take awhile

By The Associated Press | From Page: A1

 
Sony hacking fallout puts all companies on alert

By The Associated Press | From Page: A1

Sony film took aim at North Korea’s biggest taboo

By The Associated Press | From Page: A1, 4 Comments

 
Timeline of the Sony Pictures Entertainment hack

By The Associated Press | From Page: A1

Digital dilemma: How will US respond to Sony hack?

By The Associated Press | From Page: A1

 
Spy’s parents search for son after Cuba-US deal

By The Associated Press | From Page: A1

 
Hope and some fear in Cuba amid thaw with US

By The Associated Press | From Page: A1

California’s top utility regulator defends record

By The Associated Press | From Page: A5

 
‘Pretty horrible’ scene; car slams into crowd

By The Associated Press | From Page: A5

 
Police: Drunk man shot while entering wrong house

By The Associated Press | From Page: A5, 4 Comments

 
Local emergencies in Northern California counties after rain

By The Associated Press | From Page: A5

Tsarnaev appears in court for 1st time since 2013

By The Associated Press | From Page: A6

 
President signs legislation ending Nazi benefit checks

By The Associated Press | From Page: A7

2 states challenge Colorado marijuana legalization

By The Associated Press | From Page: A8, 3 Comments

 
‘Prison Houdini’ set to make his 1st legal escape

By The Associated Press | From Page: A8

 
Feds sue NYC over Rikers Island jail violence

By The Associated Press | From Page: A8

Russian sailors leaving France without warship

By The Associated Press | From Page: A9, 2 Comments

 
Putin: West wants to defang, declaw Russian bear

By The Associated Press | From Page: A10, 2 Comments

Suspected Islamic extremists kidnap 185 in Nigeria

By The Associated Press | From Page: A13, 2 Comments

 
European court rules obesity can be a disability

By The Associated Press | From Page: A13

.

Opinion

News of the day strikes a chord

By Bud Stevenson | From Page: A11, 10 Comments

 
 
Another look at school bonds

By George Guynn Jr. | From Page: A11, 5 Comments

Editorial Cartoon: Dec. 19, 2014

By Daily Republic Syndicated Content | From Page: A11

 
.

Living

Today in History: Dec. 19, 2014

By The Associated Press | From Page: A2, 1 Comment

 
Community Calendar: Dec. 19, 2014

By Susan Hiland | From Page: A2

Horoscopes: Dec. 19, 2014

By Holiday Mathis | From Page: D8

 
Should I use Child Protective Services threat to get back rent?

By Kathy Mitchell and Marcy Sugar | From Page: D8

.

Entertainment

Week in preview Dec. 19-25, 2014

By Amy Maginnis-Honey | From Page: B1

 
Sweet ‘Night at the Museum’ bids farewell to Robin Williams

By The Associated Press | From Page: B2

 
Craig Ferguson to end 10 years as host of ‘Late Late Show’

By The Associated Press | From Page: B3

Eric Idle brings ‘Not the Messiah’ to Carnegie Hall

By The Associated Press | From Page: B3

 
Entertainment calendar Dec. 19, 2014

By Susan Hiland | From Page: B4

.

Sports

Warriors beat Thunder 114-109 after Durant injury

By The Associated Press | From Page: B7

 
A’s acquire lefty De La Rosa from Arizona for cash

By The Associated Press | From Page: B7

 
Raiders defense depleted by injuries

By The Associated Press | From Page: B7

49ers’ Harbaugh mum on reported offer from Michigan

By The Associated Press | From Page: B7

 
49ers’ Aldon Smith hopes to build off tough year

By The Associated Press | From Page: B7

A’s trade All-Star catcher Derek Norris to Padres

By The Associated Press | From Page: B7

 
Celtics trade Rondo to Mavericks

By The Associated Press | From Page: B8

Rodriguez boys open Les Curry Tournament with victory

By Daily Republic staff | From Page: B8

 
39 bowl games and a reason to watch every one

By The Associated Press | From Page: B8

Column: Thaw in US-Cuba relations warms up MLB

By Jim Litke | From Page: B8

 
Rivera: Newton ‘probably’ will start vs. Browns

By The Associated Press | From Page: B8

Bears bench QB Jay Cutler for Clausen

By The Associated Press | From Page: B8

 
‘Hands Up’ players to attend Ferguson Christmas party

By The Associated Press | From Page: B8

Signups for Friday, Dec. 19, 2014

By Paul Farmer | From Page: B9

 
This date in sports history for Friday, Dec. 19, 2014

By The Associated Press | From Page: B11

Sports on TV/Local sports for Friday, Dec. 19, 2014

By Paul Farmer | From Page: B11

 
.

Business

Roomiest Subaru Legacy debuts for 2015

By Ann M. Job | From Page: C1

 
Ford expands drivers air bag recall nationwide

By The Associated Press | From Page: B6

Constantly changing online prices stump shoppers

By The Associated Press | From Page: B6

 
Dow industrials have their best day in three years

By The Associated Press | From Page: B6

.

Obituaries

Lisa Dee McHughes

By Nancy Green | From Page: A4, 1 Comment

 
Travis Curt Price

By Susan Hiland | From Page: A4, 1 Comment

Ernest “Ernie” Moretti

By Nancy Green | From Page: A4

 
Jennie Ponce Reyes

By Nancy Green | From Page: A4

Patricia “Pat” Anne Stringfield-Pierre

By Nancy Green | From Page: A4

 
.

Comics