• Most CC&R’s require associations to conduct annual, detailed, un-biased inspections, by an independent firm.
• Many reputable law firms recommend annual inspections as a “best practice” of HOA’s.
What’s the annual community inspection for?
• Helps the Board plan budgeting of deferred maintenance items and repairs.
• Shields the HOA and Board from potential claims for failure to comply with CC&R’s.
• Protects the HOA and Board from affirmative defenses if a construction defect claim is brought.
This isn’t as costly as it sounds…
• Target Building Inspections can perform this service for $600 - $1200 on most communities.
• Timing is quick with reporting delivered usually within a few days.
Typical example of a CC&R’s “Duty to Inspect” …
9.2 Duty To Inspect.
Following expiration of the Period of Declarant Control, it shall be the duty of the Board of Directors to appoint an unbiased and independent professional to inspect the Arizona Community at least once annually for the purpose of determining the overall condition of the Community exteriors. The scope of the inspection shall include the Common Area and structural Common Area including, but not limited to, the exterior of all buildings and structures, roofs, walkways, irrigation, landscaping, drainage, and recreation facilities. Structural components of any building or structure, foundations and soils shall be inspected if the inspection otherwise required hereby would place a reasonable person on notice of any defect or need to maintain, repair or refurbish such item. The Board of Directors may inspect the interior of any Unit if required to do so in order to fulfill its obligations pursuant to this Article. The purpose of the inspection shall be to determine the condition of the Community including, but not limited to, the state and adequacy of maintenance, the need for· additional maintenance, and the need for any refurbishment, replacement or repair. The Board of Directors may employ such experts and consultants as are deemed necessary to perform the inspection set forth in this Article and to report and recommend to the Board of Directors any correction or remedial action necessary. The Board of Directors shall prepare an annual report of the inspection of the Community required by this Article. The report shall be furnished to Owners within the time set forth for furnishing Owners with the Association Budget. The report shall include at least the following:
(A) A description of the condition of the Community, including matters inspected, and the status of maintenance, repair and need for replacements of all such matters;
(B) A description of all maintenance repair and replacement planned for the ensuing fiscal year and included in the Association Budget;
(C) If any maintenance, repair or replacement is to be deferred, the reason for such deferral;
(D) A summary of all reports of inspections performed by any expert or consultant employed by the Board of Directors to perform inspections;
(E) A report of compliance with the maintenance, replacement and repair needs set forth in the report for the immediately preceding years; and
(F) Such other matters, as the Board of Directors deems appropriate.
We have performed hundreds of Annual Duty Inspections. If you have any questions feel free to contact us any time…