Saturday, October 4, 2014

Proposed pool house construction questioned

We're hearing that the Board intends to construct a meeting room or lounge on top of the pool house. Some questions about the proposal:

1 - Why do anything? Why do it this way? Why do it now?

2 - What will be the rules for use of the meeting room or lounge? What will be the hours that it is open? How will it be managed? Will this create a nuisance for the neighbors?

Bylaws Article X, Section 4 (a), states: "Residents of the Condominium shall exercise extreme care not to disturb other residents with excessive noise, or the use of radios, musical instruments, telephones or amplifiers."

3 - What will it cost?

One can't just add bricks on top of the existing structure. Some part of the walls and possibly the roof of the existing structure will have to be demolished to build a meeting room or lounge.

4 - How will the construction be funded? By a special assessment, increase in dues, or withdrawing funds from reserves?

Bylaws, Article IX, Section 3, states: "The reserve for replacements may be expended only for the purpose of effecting the replacement of the Common Elements and equipment of the Condominium and for operating contingencies of a nonrecurring nature."

5 - What is the legal basis for the construction?

The condominium architectural plans, including the pool house, are a part of the Condominium Declaration — Article IX.

Bylaws Article X, Section 4 (d), states: "No structural alteration, construction, addition, or removal of any Unit or Common Elements shall be commenced or conducted except in strict accordance with the provisions of the Declaration."

Bylaws Article XI, Section 1, states: "Nothing contained in this Section shall be deemed to empower the Board of Directors of the Association to authorize any change in conflict with any provisions of the Declaration."

Virginia Condominium Act, § 55-79.73:2. Reformation of declaration does not appear to be applicable. § 55-79.53. requires that the "declarant, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments."

2 comments:

charles hernick said...

Hello, does anyone have recommendations for contractors that have renovated units recently? (the last blog post on this is several years old) I am looking to renovate my bathrooms.

Thanks!
Charles Hernick
Unit 624a
charles.hernick@gmail.com

Moderator said...

EMAIL from Mike Pickford, Chair UOA:

Thanks for your insightful comments. The Board is currently in the exploratory stages of this project and we are taking into account all of these issues as we move forward.

The genesis of this project was to repair the pool house roof, as there were several points of water intrusion that were causing damage inside the pool house and the pergola that was on top of the pool house had deteriorated to the point of disrepair. As such, we conducted an engineering study to explore possible modifications that could be made to the pool house roof to provide a more usable and beneficial space for owners and residents.

Building an enclosed meeting space would be a large project, and as such, we are undergoing our due diligence to consider alternatives, including doing nothing with the space.

This issue, including the discussion of the need to improve the pool house, even if only to remove the old pergola and repair the roof, has been discusses at several monthly meetings, as has the result of the engineering study and other issues and ideas.

As I have in the past, I encourage you to attend the monthly meetings so that you can be properly informed as to what the association and board are doing.