All Forum Posts by: Coley Mitchell

I would also be interested in learning more about this... hopefully someone with experience chimes in.

That is great info... and makes perfect sense now.  I imagine there was some heavy lobbying done by the NC hospitality industry over the past year.

This didnt happen to occur in Elizabeth did it? I actually live there and theft unfortunately is all too common.

My buddy Joe owns/ operates a residential remodeling/ repair company here in Charlotte you may want to check out.

Website and phone number below:

http://www.jwconstructiongroup.com/

704-496-3838

Not sure... dont think it is that common though. My PM has been managing units at that property since 2006 and she said she had just seen it a few times. There is also a chance one of my past tenants broke it and never said anything. It is hard to see because I have wooden plantation shutters and the top the casing covers most of the upper panes. Didnt notice it until walk through inspection as last tenant was moving out...

Yeah, the sent my a copy of the actual work order. No mark up was added.

My PM wasnt trying to intentionally mislead, she just mentioned that she knew they had been covered by the POA on a couple different occassions for her tenants in the past.

My POA, like many, is really tightening things up these days so I guessing they may have done this as a courtesy in the past, but keeping it by the book now.

Not a big deal... just wanted others opinions on whether or not I was getting screwed.

I paid the bill about 30 seconds ago.

Agreed.

This whole issue stems from the fact that my PM and I thought it was being covered by the POA, so we were both surprised when I got billed, and even more surprised to be told that permission was given by PM. My contract with the PM gives them the right to do any type of emergency repair up to $250 without my consent. If she had contracted to do the work and handled it directly, I would have never questioned anything...

Whole thing seems pretty dumb now after talking through it, and I will just pay it.

I heart out of state rentals...

@Patrick L.

Yes, that is the section I have been looking at. Perhaps I was drinking too much when I first read that, but my initial interpretation was that windows were part of common elements and thus POA responsibility (I hate legal jargon).

Since it seems I may be incorrect on that, that makes me feel a little better. Only issue now is that if windows are my responsibility and POA was planning to bill me all along, why would they agree to even bother fixing this is the first place, and furthermore, how did they authorize a contractor to make the repair without getting some sort of approval by me?

My PM insists that costs were never mentioned and that no permission was given by her or our maint tech to bill me for anything... whole thing is just annoying.

Thanks for quick reply @Wayne Brooks

Yes, the cost is reasonable but according to my property manager (who again has dealt with these issues for other investors that own properties at this complex) and the GA Condo Act (which I understand supersedes contradictory POA bylawys) the windows ARE NOT my responsibility.

Hello BP,

I am dealing with an issue with my POA management company and am wondering best way to deal with it.

My unit (located in GA) had a cracked window in my rental property that I guess is a common occurrence at the community due to foundation settling. This was brought to my attention by my property manager when she did the walk through with my last tenant before they vacated.

My prop manager informed me that the POA had covered these repairs in the past and that she would coordinate the repair for me prior to my new tenant moving in. I was included on emails from my prop manager and the POA management co. regarding setting a time to see the window and setting a time to do a repair. Not a single word about money was mentioned.

A couple months ago I was presented with a bill from the POA management co for the window repair. I immediately inquired as to why I was receiving a bill for something that I never approved and was told that notification of the repair and the costs involved had been "given in advance". When I asked for proof of this notification, I didnt get any reply and kind of forget about it.

Yesterday, I received another email with the bill saying that it was late and had to be paid before a lien would be placed on unit. I referenced my previous email and again asked for some sort of proof that the repair had been approved. After much posturing they finally stated that someone from my prop management company had verbally given permission to do the repair the day of the appt. My prop manager (whom I have worked with for 4 years and trust implicitly) insists that no such permission was given by her or her maintenance tech who was actually the person on site that day.

The POA management co states that per the GA Condominium Act and the POA Docs state that windows are "limited common elements" and are the responsibility of the owner. My research of the GA Condo Act indicates the exact opposite (that windows are responsibility of POA).

I called my attorney to get his input, but believe it or not it turns out he is on retainer with my POA so he couldnt talk to me due to conflict of interest. This may be a blessing because I know the his costs far outweigh the repair costs for the window (only around $300).

The money isnt the problem, but I dont handle it well when I think someone is trying to put one over on me. Especially in light of the fact that I havent been so much as a day late on my HOA dues in at least 2 years.

They are threatening to put a lien on place and pursuing me legally if need be. I think I may tell them I look forward to hearing from their attorney (who I will mention by name).

What would you do?

-CCM