CAI-NJ Jan. 2019 (w)

CLADDING... from page 53.

involved in a cladding project. Boards, should work closely with their manager, engineer and attorney to understand the implications of a cladding project and to take the right steps to help ensure the success of their cladding project. n ENDNOTES: 1 This is not an in-depth discussion of technical aspects of cladding options but should prompt

questions to be asked by a board facing a cladding project. The Board should consult with their manager, engineer and attorney to best plan for any cladding project. 2 Although there are numerous other legal issues that may affect a cladding project, this article is limited to those issues related to the requirements of the municipality, past municipal approvals, association’s governing documents related to the ownership and maintenance responsibility for cladding, statutory authority and financing for such a project.

ment project. For traditional loans, boards will need to review the loan options available to determine the best terms and interest rates avail- able. They must also confirm with legal counsel that the board has the authority to borrow monies from out- side sources and, if so, whether any vote of the membership is required. Even after a review of all the above-mentioned considerations, and a determination that the board has the authority to replace cladding with a different material and/or design, boards will often face questions from the association membership regard- ing the individual owner’s rights and/ or expectations of what is to be installed. Members may say: “I bought this unit because of the wood siding and now you’re putting up vinyl;” or “I bought my home because I like the look of stucco and now, you’re putting up Hardie-Plank Siding. You are ruining my property values.” Often, those arguments carry little weight in a community association environment where owners are on notice by the filing of the governing documents that the board has certain powers and authority which may per- mit it to change the cladding material or design. Challenges to the board’s power in these circumstances are gen- erally met without success. While the above considerations can seem daunting when all a Board wants to do is stop leaks or upgrade the face of their building(s), addressing these issues early on in the process can great- ly reduce the headaches and expense

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