Patrick Bach, RS, MEng
When your Association contemplates embarking on a renovation project, initiating the process can often seem daunting. At David Bach & Associates, we recommend beginning with a thorough review of the Declaration, as it forms the legal foundation for any project your Association considers. This initial step ensures that the Association’s Board complies with all required stipulations outlined in the Declaration, a task where the expertise of an association attorney proves invaluable.
- Adherence to Procedures: An association attorney plays a crucial role in guiding the Board through adherence to proper procedures mandated by the Declaration. This includes ensuring compliance with meeting and voting prerequisites that must be satisfied before any project commencement.
- Solicitation of Multiple Bids: Although not always mandated, the Declaration may require the Board to obtain multiple bids from contractors. David Bach & Associates strongly advises this practice, allowing the Board to evaluate and select a contractor who best meets the Association’s needs based on comprehensive comparisons.
- Owner Voting Requirements: It is essential to determine whether the project’s scope necessitates a vote of the owners, as dictated by the Declaration. This could involve meeting specific thresholds for expenditure per unit, often necessitating a super-majority vote either for or against proceeding with the renovation project.
- Distinguishing Repairs from Capital Improvements: Understanding the difference between repairs (replacing materials with like kind) and capital improvements (adding new elements, such as a swimming pool) is critical. Special consideration is needed when replacing defective items with superior alternatives, ensuring the Board follows the Declaration’s outlined procedures.
- Financial Planning for the Project: Determining whether the Board must enact a special assessment or other financial measures to fund the renovation project is another critical step.
David Bach & Associates is here to support your Association through every phase of your renovation project. Should you have any questions or require further clarification, we encourage open dialogue through comments or direct contact. We are eager to assist and look forward to fostering an ongoing conversation with you in our upcoming posts.
