Q. The surface of our condo swimming pool shows deterioration and algae formation every five years or so. When that happens, we spend about $6,000 to have the concrete resurfaced with Marcite.
This time, the board of directors voted to have the pool resurfaced with an epoxy coating instead of with Marcite, at a cost of $17,000. I contacted the Bureau of Condominium and complained that because this action was a “material alteration to the common elements,” all of the unit owners should vote on the proposed increase in expense.
The bureau wrote back, refusing to investigate the charge because bureau members were not convinced that the new coating was a material change.
I am astonished at that response. Do you have any advice?
A. Having just gone through Marcite work at our condo, I was not aware of an epoxy coating for pools or why it should cost so much.
Two phoenix pool repair companies I called were not aware of this, either. As an easy-to-maintain long-term solution, however, they did suggest looking into the process of applying fiber glass over the existing Marcite.
Maybe the resin used with fiber glass is what you think is epoxy; even so, the cost you quoted seems quite high. Costs I received were in the neighborhood of $2.30 per square foot for reapplying Marcite, which will last from five to seven years, depending on maintenance and use of the pool.
Applying fiber glass was around $4 per foot, but with a 25-year life on a well-maintained pool.
Look around a little more before you decide.
Is the installation of a long-term finish on the pool a “material addition” to the common elements? I don’t think so. On the other hand, such a large expenditure on a non-emergency item should probably be part of your funded reserves program, or be a line-item budget expenditure that would go through the normal budget process with unit owner review.
Even if your condo governing documents allow the directors to unilaterally vote on and impose such an extraordinarily large assessment, they should not do so. Being empowered to spend someone else’s money requires a higher level of openness and democratic procedure than just doing what the documents allow.
Q. Our condo’s developer entered into a 15-year contract with a company to provide cable television. The present board of directors would like to cancel this contract. Can they do it? What procedure should be followed?
A. I do not think they can do it by themselves. In most cases, a special meeting of all the unit owners can be called for the purpose of canceling a developer-written contract. A two-thirds vote is usually required to cancel.
If your board then puts a new bulk TV contract into effect, the service may be canceled by the unit owners at the next regular or special meeting of the association by a majority of those in attendance.
Q. I rent my condo for $1,000 a month, and the tenants are very happy. I would like to raise the rent $100 per month this year, to cover an increase in the condo assessments. Do you think this sounds fair?
A. A 10 percent increase each year sounds a bit hefty, but it depends more on what the local market will tolerate than what I think.
What you are considering is not unusual. Many condo landlords write clauses into their leases to the effect that any increases in regular maintenance fees will be reflected in the lease payments.