OT: Selling condo - responsibility of condo assoc. after neighbor fire?

[Saint Puppy]

We are selling our condo, but unfortunately there was a fire across the street from us in another building about a month ago. It is a 8 unit building and all the families were displaced along with 2 condos that totally need to be rebuilt. There is now yellow 'danger' tape around the whole building and the debris from the fire is still on the lawn and has not been touched. We are being told the local authorities are moving slow in getting things done, and obviously with a glut of insurance companies I get this might move slow. On top of that we are being told tenants might not be allowed back in until next year. Our main issue is the yellow tape and the debris which we feel devalues our property since you can't miss it when coming to see our condo. My question is what responsibility and/or recourse do we have against the condo assoc. to take down the tape and remove the debris since this looks like a crime scene that doesn't look like it's going away any time soon.

 

[RU4Real]

We are selling our condo, but unfortunately there was a fire across the street from us in another building about a month ago. It is a 8 unit building and all the families were displaced along with 2 condos that totally need to be rebuilt. There is now yellow 'danger' tape around the whole building and the debris from the fire is still on the lawn and has not been touched. We are being told the local authorities are moving slow in getting things done, and obviously with a glut of insurance companies I get this might move slow. On top of that we are being told tenants might not be allowed back in until next year. Our main issue is the yellow tape and the debris which we feel devalues our property since you can't miss it when coming to see our condo. My question is what responsibility and/or recourse do we have against the condo assoc. to take down the tape and remove the debris since this looks like a crime scene that doesn't look like it's going away any time soon.

Start with the HOA covenants which specify the time limits in which repairs must be effected. Go to the next association meeting an tell the board that they aren't moving quickly enough to remedy the eyesore and that you will be forced to take legal action to recover your diminished value.

It might work. It might not. Ultimately you'll have to hire an attorney to really get them off their asses.

 

[RU'70]

Have they determined the cause of the fire yet? Maybe they are taping off the area to investigate the fire thoroughly. If so, seems to me there is nothing the Association can do. You might want to check with the association to make sure they are adequately insured to rebuild the building(s). Otherwise, can they assess the association owners any uninsured costs of reconstruction? I would think an astute buyer might ask that question.

 

[Knight Ed]

There still could be investigations of the fire going on. But your best bet would be complaining to the township. Of course without knowing the extent of the fire, there is probably a lot of demo still to be done.

 

[RBS05]

Have they determined the cause of the fire yet? Maybe they are taping off the area to investigate the fire thoroughly. If so, seems to me there is nothing the Association can do. You might want to check with the association to make sure they are adequately insured to rebuild the building(s). Otherwise, can they assess the association owners any uninsured costs of reconstruction? I would think an astute buyer might ask that question.

First thing I thought of as a prospective buyer. Much more of a potential concern than how it looks.

 

[Knight Shift]

Highly doubt a fire investigation is ongoing 1 month after the fire. The investigators do their work within hours or days of the fire. @RU4Real gave good advice.

 

[Knight Ed]

Highly doubt a fire investigation is ongoing 1 month after the fire. The investigators do their work within hours or days of the fire. @RU4Real gave good advice.

I've seen it happen. If the source of the fire is assumed to be an appliance, the manufacturer may send out an investigator, various insurance companies (renter's, condo association, building owner, etc) may send out investigators. I have a fair share of first hand experience in this very type of incident.
The funny thing is how people who watch crime shows on TV always seem to think that there will be a tiny piece of evidence that will prove the source of a fire when a lot of the time it ends up just a best guess on what started it but no one can swear for sure.

 

[Saint Puppy]

First thing I thought of as a prospective buyer. Much more of a potential concern than how it looks.

The cause of the fire was a cigarette in the causeway on the 2nd floor. They knew this pretty quickly.

Things seem to be pretty stagnant at this point, and I'm guessing part of the issue for the gridlock is you have 8 different homeowners insurance claims on top of the association's claim.

 

[RBS05]

The cause of the fire was a cigarette in the causeway on the 2nd floor. They knew this pretty quickly.

Things seem to be pretty stagnant at this point, and I'm guessing part of the issue for the gridlock is you have 8 different homeowners insurance claims on top of the association's claim.

I quoted the whole post but what I meant was, as a prospective buyer I would care more about potential issues with the condo association leading to why this isn't all taken care of yet, versus the eyesore of what is actually sitting there.

 

[Saint Puppy]

I quoted the whole post but what I meant was, as a prospective buyer I would care more about potential issues with the condo association leading to why this isn't all taken care of yet, versus the eyesore of what is actually sitting there.

This is a good point - of course I'm getting lip service and passing the buck from the condo association .

 

[RU4Real]

This is a good point - of course I'm getting lip service and passing the buck from the condo association .

Local news rags love this sort of stuff. It might make sense to spread the word that you're going to be inviting a beat reporter from the local Patch (or whatever) to the next association meeting to discuss why the building is still all fakakta. Tell folks you're giving them a heads-up because you want to make sure their names are spelled right in the article.

 

[OntheBanks]

As a potential buyer I would be concerned about the additional assessment for the condo owners to rebuild the buildings damaged by fire.
I doubt that the buildings were insured for the total replacement cost.

 

[RUCookie]

As President of my condo (highrise) that has guided my community through a few disasters (and we just had a major fire yesterday) - let me chime in here. But note that condos operate differently - you need to check your rules.

1) Does your community have a property management firm that carries out day to day duties?

a) If they do, go to them. The Board is not that involved in the process. Ask what the time line is. Ask what the anticipated date of removal is. Put your concerns in writing. So often people that complain only do so verbally and that does not help. Written complaints are forwarded on to the Board. And the Board oversees the actions of the management office.

b) If you do not have a community property office (management office), Again - put your concern in writing before the Board meeting. If you just show up, the Board has had no opportunity to discuss and plan a course of action.
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2) Ask questions about insurance. Look to your community By-laws and House/Community Rules. If this fire happened in a community property area your community insurance may have kicked in. However, if there is a way to prove a resident "did it", you can be in for an insurance battle. Most often, as a member of a condo, your association fees pay into the community insurance that covers grounds and buildings, individual owners are responsible for their contents and interiors (upgrades and extras). When an owner is at fault for damage that leaks to community areas, often times the community insurance and the individual insurance battle... and often the individual insurance covers the build's deductible. This takes time. For example, the last major event we had, involving 8 floors in flooding, took over a year to resolve completely

3) That said, the condo can and should take actions needed in the best interest of the community. Obviously if there is a police or fire investigation, their hands are tied. But, if that is completed and there is an OK by insurance, your Management Office and/or Board should be moving on basic clean-up at least in publicly visible spaces. If they can and they have not, you might be able to cite rules on safety, security, rules on how property must look or be maintained. You could also call upon the Board's duty to act in the best interests of the community - property values fall into that category. Stress that you are concerned for the community and not for yourself and your resale ability. Board duty is not to a single person but to the community at large.

4) Beware of actions that cause a special assessment. Not only does that hurt your community image, that affects your end of year audit rating (which in turn impacts your resale attractiveness)... if the community is waiting on insurance or on an investigation, you might be stuck.

 

[RU4Real]

Alternatively, for about $200 an hour, you can take matters into your own hands.