Latest "Common Foundations" Article

So what to do in a Maine winter? Certainly snow sports, a good book, or dreams of spring golf are excellent pursuits but for the chairperson of the condo maintenance committee, winter is a good time to be planning building envelope repairs. The building envelope comprises the roof, siding, and foundation with all of the windows, doors, other penetrations that go with the envelope.

As the building envelope is probably one of the most important, if not the most costly common condominium asset, it bears careful monitoring. This article will attempt to provide a guide of the typical problems and issues encountered in most condominium buildings with most of these associated with water infiltration.

Starting from the top, most condos use asphalt shingles for sloped roofs and EPDM membranes for flat roofs. Both last a long time with asphalt shingles having lives of 25 to 30 years while EPDM membranes start to fail after 20 years. Most roofs start to show their age with leaks of which the great majority are concentrated in areas where dissimilar material or horizontal and vertical surfaces meet. Defective or poorly installed flashing is usually the culprit.

Caulking or roof tar is often used for repairs but these tend to be only temporary fixes. Watch for curling or lifting shingles as these are good signs of an aging roof. Roof can also fail prematurely from overheated and poorly vented attics. And speaking of attics, the irony is that ice dam leaks are caused by heat rather than ice. Ice dams are formed at the edges of roofs due to heat escaping into the attic from poorly sealed exterior walls or inadequate insulation and melting roof snow setting up a freeze/thaw cycle that eventually works under the shingles. Those issues should be addressed first before bothering with external electrical heat tape or similar measures.

Many of New England’s condominiums are sided with wood, vinyl, or cement composite clapboard siding. For the most part these materials do their job to keep most of the moisture out of the building but they are not the only barrier. In fact, one of the most important components of exterior walls is the building wrap beneath the siding. This material’s purpose, going by such names a Tyvek or Typar, is often misunderstood, even by contractors.

When it was first introduced it was called a vapor barrier and is still thought as such by many. In fact, building wrap should be renamed and called building flashing as that is its true purpose. Water gets behind all siding whether it is clapboards, brick, or stucco. The trick in good building envelope design is to insure this water infiltration is stopped by a drainage plain which for most residential structures is building wrap. This is why most exterior wall leaks can be traced back to missing or poorly installed building wrap.

If building wrap were only used for a vapor barrier function, then not taping the seams of the wrap would not be a big deal. But as a building flashing, it is critical that seams (particularly vertical ones) are taped, holes are patched, and the wrap is properly integrated with the flashings around doors and windows. When a unit owner reports a water infiltration problem through the walls it is a good idea to focus on problems with the wrap rather than the siding. To make matters worse, if the wrap is failing it is very possible water damage may also be occurring to the sheathing and insulation behind the wrap.

This brings us to windows. The problem with windows is they belong to the unit owner and are not a common element under most condominium rules. However, the building committee is not off the hook with window leaks as these same condo rules that assign the windows to the unit owners also assign the window frames to the association’s responsibility. In most cases it is not the window that is leaking but the frame’s flashing (or lack of flashing) causing the problem.

Poorly installed windows that did not follow the manufacture’s instructions, that no one read on the job site, are one of the biggest sources of homeowners’ complaints. Often the only solution is to remove the siding around the window, inspect the flashing, and re-flash. Many such problems can be minimized by preventive inspections using either visual methods or instruments such as moisture meters to focus on the specific moisture path to diagnose the issue.

Water infiltration problems are like odd noises in your car. They do not go away they only get worse. By addressing these problems now your dreams of early spring golf may yet be realized.

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The post Building Envelope Woes appeared first on Criterium Engineers.

Who would think venting a unit’s clothes dryer was so complicated?  When was the last time the cleanliness of dryer vents was on your Board’s meeting agenda?  Yet, clothes dryers may be one of the most dangerous appliances in the home.  The U.S. Consumer Product Safety Commission reports there are more than 15,000 home fires each year directly related to dryer maintenance and overheating with blocked exhaust venting contributing to half of those fires.  Dryer venting falls in the category of what you can’t see, can hurt you.

Just as condo units and their buildings come in many shapes and sizes, so does dryer vent systems.  It is not unusual for new Boards not only not understand the exact nature of their condo’s in-unit dryer vent system but they also are not certain who is responsible for its maintenance.  Most dryer vent ducts pass through common space, except for HOA unit owners who are responsible for their own building envelope and everything within.  Some condo dryer vent ducts are dedicated to a given unit while others are shared with other units.  Many dryers vent pass through an exterior wall while mid-rise and high-rise condo buildings share a vertical rooftop vent system.

With these different types of systems and variances often found in the governing condo documents, it is not always well understood by the Board members who is responsible for maintenance and repair of dryer duct systems.  This includes basic routine cleaning even if it is clear maintaining the in-unit dryer is part of the unit owner’s responsibility.  This is an important issue to resolve with the assistance of your legal counsel, as it is the first step in meeting the Board’s responsibility to oversee the safety of the units’ venting system and its occupants.

Once dryer vent system maintenance responsibilities are understood, a policy should be put in place.  This policy should provide authority for unit access and performing maintenance and repairs when owners fail to comply with the dryer policy including assessing charges to the unit owner incurred by the association in providing the required dryer maintenance.  The policy should specify the required maintenance including cleaning of the dryer vents and ducts on a scheduled basis, typically every two years.  Often communities will engage a dryer maintenance contractor at a bulk rate to provide a cost effective and consistent maintenance program.  Should a unit owner opt out of this service they would be required to provide proof of compliance of the required maintenance being conducted by others.

Before the dryer maintenance program can be implemented, the Board must understand their system.  This may require the assistance of a maintenance repair contractor or the association’s building engineer who will need to inspect the present system.  This inspection may reveal common and shared duct systems; long duct runs with booster in-line fans; improper duct materials.  As an example, any vent duct found to be vinyl, PVC, or flexible is a problem.  Most of these types of vent ducts are violations of the local and national building codes, as their interior surfaces collect lint creating a build up of highly flammable material as well as a medium to collect water whose weight can bend duct pipe and create an environment susceptible to mildew and mold.  Improper duct should be removed and replaced with smooth-walled metal ductwork.  If flexible duct is found forming an elbow at the rear of the dryer, it should be replaced with non-flexible metal elbow duct so as not to be crushed when the dryer is pushed against the wall.

The policy may set specifications on the type of dryers to be allowed in units.  Not all dryers are the same.  Beyond the differences between electric and gas-fired dryers, some dryers have significantly different exhaust characteristics.  Building codes recognizes this by allowing the manufacturer to specify the maximum length of straight vent duct to be used.  This typically can range from 15 to 90 feet.  This duct length is further defined by reducing the allowable length by 5 feet for every 90 degree bend and 2 ½ feet for every 45 degree bend in the duct.  For this reason, the policy should provide specific direction to unit owners of the minimum type of dryer performance allowed as well as advising the unit owner of the length of duct the dryer will be connected.  Some associations even place a placard at the duct wall connection with this information for future dryer installations.

In hiring the dryer maintenance contractor the Board should take the normal insurance precautions as when hiring any contractor, including coverage for general liability; automobile liability; workers compensation and umbrella liability coverage with key required endorsements.  These are needed to protect the association from both having to defend itself as well as pay damages as a result  of the contractor’s activities while also including additional insured endorsements; waiver of subrogation endorsement; and primary/non-contributory wording.

The contract with the maintenance contractor should specify the method of cleaning the dryer duct.  Typically the cleaning is a combination of extendable brushes and vacuum cleaning.  The scope of work should include specific clarification of disposal of duct debris both inside and outside the building.  Safety issues should be addressed, particularly regarding movement of gas-fired dryers.

The dryer maintenance policy can include some preventative maintenance guidance to unit owners.  Unit owners should be advised to report unusual dryer performance including longer than normal drying times or the dryer surface or clothes feeling hotter than normal.  The owners should also report their observations of the outside dryer louver vents not opening as much as before.  Excessive humid or burnt smells in the laundry area are all signs of blocked exhaust vent duct.  The recognition of dryer malfunctions and a good preventive maintenance policy will ensure the common safety for all.

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Article written by Jack Carr, P.E., R.S., LEED AP, Criterium Engineers

Published in Condo Media, February, 2019

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The post Hidden Dangers of Dryer Vents appeared first on Criterium Engineers.

Sure, it’s cold out there.  It’s Maine and we have long winters but if the condo board is to find a good landscaper for spring projects now’s the time to start looking.  Landscaping contractors are overhauling their equipment; looking for experienced crews; and scheduling their current customers, so if you wait till the frost is out of the ground, the good ones will not be available. Finding a good landscaper is not easy.  Not that there isn’t many competent landscapers in Maine, it is just they all might not be a good fit for your community.  Some landscapers focus on commercial customers with very specific annual needs not needing a lot of handholding.  Some landscapers prefer high-end residential clients with deep pockets and fancy estates following the design magazine trends.  Other landscapers are accustomed to maintaining apartment complexes and only have to deal with experienced landlords.

Condos are different.  Condos are a hybrid so be cautious with an unwary new landscaper not familiar with dealing with both a property manager and a board not to mention the very opinionated unit owners.  Trying to keep everyone happy is not for all landscapers.  The selection process should focus on this very real issue as well as cost and competency otherwise your engagement may be short lived with your burnt out landscaper disappearing in his red pickup.

Good landscaping is an investment.  Most people in the real estate industry will acknowledge quality landscaping creates real and measureable value, perhaps as much as 16% in condo unit sales value when compared to a communities with poor curb appeal.  This equates in return on investment in excess of 200% of the installation cost of plants and landscape amenities.  In addition to units’ maintaining or increasing their sales value, the value of community pride and quality of life can be profound.  Therefore searching for the right landscaper is worth the effort.  This search should start with the board agreeing on goals clearly related to prospective landscape contractors.  Certainly budgetary matters can be discussed at this time but until the landscape priorities are established no progress can be made.

Develop a list of three or four landscapers to be considered.  This list is best developed from referrals from your property manager; members of other local condo communities; or other condo service providers.  This will help to shorten the list to contractors who will have some understanding of working for a community.  Next set up an interview schedule after the board has had a chance to review and approve the written goals and a written set of specific questions to be addressed to each candidate.

Following introduction between the board and landscaper, the contractor should be given an opportunity to discuss his company and its history and experience.  Each interview should follow an outline agenda with the next step being the board presenting the community’s goals.  The landscaper should be allowed to consider these goals and discuss concerns or offer suggested improvements.  A consensus does not have to be established at this point but the goals of the association must be expressed early in the process.

With the general scope of work stated, more specific information regarding the contractor’s ability to properly crew and supervise the job can be discussed.  An understanding of how many crews are supervised by one individual and over what territory or number of other communities is important to forecast future service.  This would be a good time to discuss possible schedules including completion time frames; communication on site to address service requests; and monthly accomplishment reports.

It should be kept in mind your community is in competition for crew time.  Most communities prefer on-site service on Thursday or Friday and not over the weekend.  Allowing the landscaper’s crew to work on Tuesday or Wednesday may provide negotiation chips for a better deal.  Price is always an issue but don’t make the mistake of forcing a low price only to get unsatisfactory performance.  The board’s goals should include wanting to re-hire the selected landscaper in the future.

As with hiring any service provider, references must be checked and insurance coverage confirmed.  The conclusion of the final selection process should include the contractor providing information regarding his chain of command and how future communication concerning billing; re-scheduling; and expected work environment including times/ location of crew breaks and mobilization; start/ finish times; noise issues and speed of equipment.  The board should suggest the landscaper attend periodic board or landscaping meetings.

After the contract award, the contractor will provide a site map highlighting key issues agreed upon.  An initial meeting with the board representative and key crew members can be very helpful. It should always be kept in mind the community is forming a partnership with the landscaper to create attractive grounds for all to be proud.

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Article written by Jack Carr, P.E., R.S., LEED AP, Criterium Engineers

Published in Condo Media, February, 2019

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The post The Association Landscaper appeared first on Criterium Engineers.

All things are in transition.  Nature, the Patriots, and condo communities go through transitions.  In the world of condos many of these transition milestones are well understood, many are not.  Most know condos go through a transition management period from the developer to unit owner, but there is much more.  Condo transition has two primary elements:  Transition of Control and Transition of Responsibility.

Transition of Control refers to the new Board being primarily managed by the unit owners.  It is often useful for the developer to have some representation on this new board.  Prior to this new Board forming all available condo documents and records should be gathered and reviewed.  At this point the new Board may want to engage an attorney to assist in this process of collecting  the executed bylaws; filed articles; public offering statement;  financial records; meeting minutes; construction plans; maintenance records; insurance policies; warranties; service contracts; and unit files.

Care should be taken in engaging their attorney as not all attorneys have experience in representing transitioning associations.  This attorney should be well versed in collections and reviewing policy resolutions as well as initial contracts.  Similarly, experience in dealing with construction quality claims and defect resolution is very important.  The new Board will also be relying on this attorney to review financial issues as they present themselves.

The Board should also consider implementing a Transition Study.  This study often includes hiring an engineering firm to compare the condo project drawings and specifications to actual common element conditions to render an opinion on whether the Board should accept the facilities as is or conditionally until deficiencies are corrected.  These deficiencies arise from the discovery of violation of industry standards or building codes; failure to follow plans and specifications; design deficiencies; and product failure.

Some of the most useful project documents, if they are available, include ‘as-built’ construction drawings; approved site drawings and land surveys; landscaping plants showing all plantings and planned grounds amenities; list of contractors and service providers and their contact information; and an inventory of all major building elements and their manufacturers.

In parallel with the engineering effort, the Board may also hire a forensic accountant to review the developer’s use of unit owners’ funds to operate the facilities until the transition is completed.

The Transition of Responsibility refers to the moment in time the developer (declarant) transfers one or more common elements to the unit owner Board.  In large condo complexes, Certificates of Substantial Completion are issued as major common elements such as clubhouses; pools; or building phases are put into service.  These certificates are often controlled by professional engineers engaged by the developer or new Board.

Transition issues not only rest with the condo association but also the local community will take a part in the process.  Cope enforcement officers will be inspecting the property throughout the project life to insure the buildings meet current building and energy codes.  Local Fire Marshals and planning boards will be reviewing project documents to ensure both life safety and compliance with local standards.  Some of the common elements such as landscaping and storm water infrastructure may also have performance bonds in place to guarantee the site plans are completed as approved.

Though the new Board may not be aware of it, the local planning board and as well as the building inspection department of the municipality vetted this project whether it was a newly constructed facility or a conversion of a former multi-family building or other commercial structure.  Many Maine cities and towns have enacted condo conversion ordinances based on the Portland and South Portland model ordinances.  These ordinances’ purpose is to ensure the new condominium will meet the minimum standards set by the community for structural stability; mechanical / electrical requirements; and life safety features.    What this means for the new Board is there may be resources and history available at the local level to assist in the transition process.

Transition continues for the life of a condo community.  A good transition process will provide the basis for the understanding of standards of common element condition including building envelope; mechanical systems; life safety; and grounds.  These standards will contribute to reserve fund estimates of estimated useful lives and form a good foundation to develop both operating and capital repair budgets.  With these budgets the cash flow analysis can be performed resulting in a rational projection of future assessments to meet future spending needs.  With this road map future boards and their new members will be able to easily transition to their new roles as future leaders of a successful condo community.

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Article written by Jack Carr, P.E., R.S., LEED AP, Criterium Engineers

Published in Condo Media, January, 2019

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The post Transitions in Condominiums appeared first on Criterium Engineers.

“Water, water everywhere” is not what you want to be thinking as you’re standing in the living room of a townhouse condominium unit or peering into the lobby of a high rise.

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How Can My Association Go Solar?

It’s no surprise that solar panels have started popping up all over the area.  Solar can drastically reduce electric bills, protect against the rising cost of energy, boost U.S. energy independence, protect the environment and more.

The cost of solar panels has decreased significantly over the years and continues to drop.

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What's a Board to Do?

It is Inevitable
No matter what type of building you live in, one day, the facade will begin to fail. Whether it is water infiltration, cracking wood, spalling concrete or crumbling brick, it’s only a matter of time before you have failing facade.

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Although the housing market has slowed, approximately 80 percent of new construction is still being built as a community association. The recent boom in the housing market has led more people to purchase condominiums and townhouses on impulse, without the benefit of several walk-throughs or an inspection by a Professional Engineer. More than likely, this has happened in your community as well. But what does it mean for the association and its residents?

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Those involved in providing reserve studies (engineers and accounting managers) perform a valuable function. They can tell you how much to put aside today for tomorrow's capital expenditures, as they have it down to a science.

There is also an art to reserve studies that is rarely discussed.

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Perhaps by now the March wind-driven weather has convinced the Board it has water infiltration problems, not to mention air infiltration issues.  Interior gypsum board ceilings and walls are starting to stain; floors are beginning to get wet and warp; and unit owners are complaining of mold formation.  Often the answer is not façade re-siding or a new roof surface but rather a need for new caulk.

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If you have a major paving job for your condo complex, it is best not to wait till the last minute. Now is the time to plan and get your best prices before spring has sprung.

When it comes to paving projects, often the Board needs an education on the paving issues and options available. There is a lot of misinformation out there. There is no better way to have a meeting’s agenda go astray than when no one knows the difference between or benefits of seal coating and a binder top.

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Inflation is something we’ve not paid much attention to for many years. Since the 1980s, inflation has averaged almost negligible amounts in most years. Furthermore, we’ve grown used to making investments that approximate or at least keep us ahead of inflation based on our rate of return. Those days may be over.

Divergence of Indices

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Managing a capital budget and expenditures for a community association involves greater responsibility and risk than it does for one’s own home. This edition of Common Foundations addresses some of those differences and ways to control the process to assure a positive outcome.

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Community living has many benefits.

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With existing buildings consuming 40 percent of our energy supply, they represent a logical and necessary target for energy conservation measures. In this issue of Common Foundations,our goal is not to convince you that energy conservation makes sense. Most of us can agree that it does. However, community associations represent an ownership class with a wide range of needs, opportunities, and responsibilities. In this issue, we try to address what a prudent board might do with regard to energy conservation, depending on the type of associ

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How much should our association keep in our reserve fund? is a question we are often asked. At first blush, the answer seems simple – enough to cover all anticipated expenditures over the reserve period. Upon further analysis, the answer is not so simple at all. A number of inter-related factors may affect this decision dramatically.

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Recently, we spoke with about two dozen community association professionals – property managers, association managers, lawyers, and engineers. Our objective was to learn how they dealt with the real challenges that we must face every day. In this issue of Common Foundations, we would like to share what we learned in the hope that this collective wisdom will be of some help to you as well.

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In the last two years, FannieMae has amended its guidelines for selling and serving mortgages on condominiums, cooperatives, and planned unit developments three times. Why should we, as service providers to and managers of community associations, care?

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Where does the Town End and the Community Begin?

Homeowners new and old to association living question why they have to pay monthly dues or assessments, particularly for items such as trash removal and sidewalk repair. Aren’t those covered by the local municipal government? In reality, these services are quickly becoming the sole responsibility of community associations across the country.

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It happens to even the most prepared of associations. The roof that was supposed to last 25 years starts leaking after only 15. A harsh winter takes its toll on the parking lot and you’re suddenly faced with a large re-paving project 5 years before anticipated. The elevators in a high-rise are constantly out of order, despite their being only 20 years old. These items will need to be immediately replaced or extensively renovated – which means unexpectedly using a significant portion of your reserve budget.

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