—There’s traditional crime: break-ins, thefts, crimes against the person, and arson.

—There’s white-collar crime: board members self-dealing, concealing financial and other key information, awarding contracts to buddies against the legal bylaw processes.

—There’s petty crime: small but frustrating events involving stealing from cars,

slipping small condo-owned tools into a backpack when no one’s looking, and slashing tires.

Yes, slashing tires.  That’s what happened recently to a condo owner I know who confronted a couple of young neighbor guys when they were playing a sports game in the general parking lot and damaging the condo owner’s car.  The cost of politely asking them to desist was a new set of tires, plus a cab fee to get to work.

You might not think that small violations of bylaws consist of criminal conduct.  And maybe not.  Maybe the fact that a neighbor parks in your parking space, against the bylaws, isn’t an actionable offense.  Maybe in general treating neighbors badly isn’t a big deal in some minds. But in my experience small offenses quickly hatch a big attitude, that of anything goes.  Why should I obey the rules, the psychology starts, when others don’t?

At the last condominium I owned in the U.S., my direct neighbor decided the rule of limiting rentals to three weeks or longer didn’t apply to her.  She was special, a divorced woman who needed the money so she could keep several properties; the rule (and lots of others) didn’t apply to her.  At the height of her abuse, she had no less than four entire families jammed into her three-bedroom condo for one weekend.  People came and went and we had no idea who they were; children ran around unattended; noise was the worst yet.

Pretty soon lots of other owners got the drift: they could do weekend rentals with no consequences.  Our association was flooded with strangers no one knew, not just the weekend renters but also many of their pals.  One memorable weekend we had twenty bikers with open pipes congregated near our unit, revving racing up and down in front of us, with floor shaking results.  Who were they?  I will never know.

The violated bylaw was put into effect for that exact reason, so condo owners trying to use their units could know who was living next to them.  The shorter the term of rental, the less likely the renters would be known, and the more likely for the kinds of abuses we suffered: our parking space commandeered by non-owners, deafening party noise, untended children playing dangerously in the parking lot.   On and on.

So you might logically ask me, did you tell your property manager?  This was useless, since the on-site property manager was corrupt, awarding contracts for maintenance and landscaping based on whether or not the contractor provided free work for the manager.  Several times the property manager lied to me about major issues, so I knew this was an untruthful, unethical person.  Like mold growing in a garbage pail, the property manager attracted cheating manipulating board members to join in the degradation of the quality of life.  Together they did great damage in all possible ways.

That’s one end of the spectrum of possible crime at the condo.  The other, 180-degree opposite, is possible major crime of the federal nature of the Boston Marathon bombings. On April 15 I sat in horror watching my former neighborhood blow up.  My former condo was one block from the major and largest explosion.  The two suspected bombers obviously knew the neighborhood well.  I also had friends at the Prudential Center rental apartments, less than a block away.  The entire neighborhood was in flames and chaos.

Nothing can prevent crime of that nature in a downtown neighborhood in a large city.  But it should point the way to new awareness, even possibly notifying police of suspicious activity or behavior.  The simple act of noticing a couple of backpacks lying untended on the sidewalk might be enough to ask police to investigate.  If that had happened in Boston, life and limb might have been saved.  Today we see accusations against the FBI and other agencies for what is perceived as a less-than-thorough investigation of the Boston bombers.  The truth is authorities cannot arrest people for what they might do.  A second truth is we are all responsible and must be aware and vigilant, not assigning all responsibility for crime to police.

Going back to more manageable crimes at the condo, what do I suggest you do when you know of violations?  Get with it and get your neighbors together.  Demand that your HOA board members be transparent in all their dealings, and truthful.  If they aren’t, get a move on to get rid of them.  Can I say this enough?  GET RID OF CORRUPT BOARD MEMBERS.  Your safety, property value and quality of life are at stake.

If you’ve had actual break-ins in your complex, you should consider installing an alarm.  Some people feel that burglar alarms are a big hassle; I held that misguided view for many years.  I have one now in my main residence, installed by the previous owner, and don’t understand why I ever lived without it.  The feeling of safety and well being is wonderful, knowing anyone who tries to get in will be met with a screaming siren and the (hopefully speedy) arrival of police.  I will never again live without an alarm.

Such an alarm is absolutely essential for single condo owners living alone.  The most casual look at the lineup for the cable series, Identification Discovery TV, produces program after program about murder victims in apartments or condos.  It astonishes me how anyone could be murdered with neighbors so close, but it happens more often than we would like to think.  The infamous “Green Beret Murderer,” Captain Jeffrey MacDonald, was convicted of murdering his wife and two children in the bottom of an Army housing double, while neighbors slept above.

When we lived downtown Boston, that condo one block from the Back Bay Marathon explosions, we had six break-ins in four weeks.  They were thought to be connected to a disgruntled property manager who had been provided living space, but who was fired.  At first it was theft of major equipment, such as a snow blower.

Then it turned very dark.  Below me lived a seventeen-year-old young Thai girl housesitting and maintaining a unit for a couple out of the country.  One morning two thugs with dogs—-yes, with two Dobermans!—got into the building, knocked on her door and gained entry.  One held her at bay with the dogs and knives while the other raced around dumping silver, jewelry and valuables into a big plastic bag.  Our foolish but valiant young doorman, hearing the noise, somehow managed to get some of the goods back as the thugs fled.  The terrorized young Thai girl left not only Boston, not only Massachusetts, but the United States, returning to her native country.

This incident followed two very brutal murders of young nurses in a unit across the street from us.  When that happened, several of us owners in our building tried to get the board to install a system whereby visitor could no longer simply be “buzzed in.”  The idea was turned down.

For the first time we looked seriously at our living situation as a potential crime scene. The moral of the story has to do with what we discovered were the living conditions of the disgruntled property manager.  He and his wife and three children existed in extremely depressing, dark and sub-standard housing in the basement of the otherwise elegant Back Bay building.  Did that have anything to do with the setups he gave burglars after he was let go, possibly even a key, to get in and steal?  We will never know, but it does offer a possible motive.

And I was appalled to discover I had lived at this elite address for five years, and never checked out how this family was living in my own building.  I made it my business never to practice such ignorance again.

So here’s the deal, from all these stories: whenever you break a rule, you encourage crime.  You encourage your neighbors to break bigger rules, and some of those violations can lead to actual crime.  Your condo complex as a free-for-all for unlimited strangers offers them a gratis opportunity to case the property.

If you treat your property managers badly, you may face retaliation, as we did in the Back Bay.

If you don’t monitor your association, you may face severe consequences.  A child left unattended, for example, might get lost, might get hit by a car, or might even be shoved into a car by a predator.  Who is responsible?  Whatever police would decide, your association may have culpability and condo reputations have been destroyed by far less, making resale difficult to impossible.

By being aware, without descending into paranoia, you can preserve the safety and property value of your unit.  By demanding that your HOA board members do their jobs and do them ethically, you will preserve the overall quality of life.  And by demanding that your neighbors do the same, follow the rules, protect their children and live with respect, you will find peace of mind.

Do I sound like a street preacher on a soapbox?  That’s OK with me.  I’ve been there, on both ends of that 180-degree spectrum and everything in between, and I know what can happen.  You can listen or not: to get away from all the hassle of broken rules, we sold that last condo for 1/3 less than the last-previous unit sold.  It has been difficult to impossible for other owners to sell at all since.

I might feel sorry for them, except they sat by while the bylaws were wholesale violated and did nothing.  How come some people only learn by hard experience?

Susan O’Brien has been a journalist and published writer for many years.  Most recently she wrote “The Condo Column” for an American daily newspaper.  Write to her at  HYPERLINK “mailto:thecondocolumn@gmail.com” thecondocolumn@gmail.com.  She welcomes queries but cannot give legal advice.

To say I was not amused is an understatement.  I have lived part-time in QC for thirteen years.  We were so happy there using the city and the French culture as an escape from bad-culture U.S. You know that scene: the dreaded MBA’s took over government, cut back services, downed the poor, and made illiterate pol-theologies out of the idea that government is evil and saving the buck rates highest on the scale of what to worship.

I fell on the ice right outside my QC condominium.  The board member assured me the City of Quebec is responsible for keeping those walks clean.  But in February we got a post card from the City stating a road race was coming and we were responsible for clearing those walks.  If we are, our condo association could have its socks sued off by some poor pedestrian or runner who broke his or her back.  And I would not blame the victim for suing.  Not one bit.

Rewind back to politics. QC Mayor Regis Labeaume, a businessman and former advisor to Parti Quebecois, told reporters his mandate would be mostly on changing the city’s finances (source: Wikipedia.)  The result of his “mandate” has been many services to citizens spliced down to bare bones.

Now, you tell me if I’m wrong, but I thought the whole idea of French culture was superiority.  I thought it was about quality of life and delightful small French businesses, not overloading your tourist district with American shops and cheap t-shirts hanging from chrome on the sidewalks.  I thought it was about respect for people in every age group, not dumping your seniors’ transportation needs to save a few cheap bucks.  As it stands now, old ladies dependent on the QC bus service are often up a frozen creek, no pun intended.  And they, too, are not amused.

But Mayor Labeaume is a good salesman. We have to give him A+ on that.  He’s managed to fool some of the people all of the time with his idea of taking the tax money–yes, the money we pay at a very high rate to keep our public ways cleared of snow and our senior ladies on public transportation—and spending $400,000,000 of it on a sports stadium.  The small shop owners I’ve spoken with are absolutely appalled.  Their businesses are suffering because the sidewalks aren’t maintained in the winter, the streets outside their shops right in the heart of the city aren’t ploughed well or in a timely manner, and people can’t walk safely or park conveniently. In at least one case, a shop owner told me, taxes have doubled even as services have plummeted.

There isn’t even a sports team in QC, that shop owner lamented to me.  The last thing he wants as a small businessman is to start paying even more taxes for a big empty white elephant.  If you build it, they will come?  That is the Mayor’s premise.  But what if they don’t?  Well, after all, that four hundred mil isn’t coming out of the Mayor’s personal bank account. It’s not going to hurt him if this project fails to generate revenues.

Even if he finally does manage to lure a hockey team to QC, this doesn’t erase what he has done to his own citizens.  And it is his citizens, not the tourists, who are paying the big tax bills.

All this is increasingly adding up to an experience I don’t have to cross the border to get. I don’t want to spend my life shopping American, living American, eating American, in what is supposed to be the quintessential and best French experience outside of France. And I especially don’t want to spend the coming winters worrying about who is going to lawyer-up after being put in a wheelchair from falling on the icy sidewalks around my condo building; that is, assuming the City and my board can finally decide who is responsible for keeping those walks safe.

A lovely woman in my building had the same experience in Montreal this winter, falling on an unshoveled patch of ice downtown.  Her hip is still giving her trouble but, like me, she’s glad it wasn’t fatal. She told me many people have taken bad falls in Montreal and QC this past winter.

Come on, Canada, get with it.  You need those tourist dollars.  Who’s going to want to come for winter breaks if we have to spend the next six months nursing an injury?

And give me a break, Condo Board (but NOT broken bones.)  You may well be a perfect candidate for Law Suit City if you don’t shovel your walks.

Beyond all this is the simple human factor of not treating people with such contempt as to expect them to ice skate around your city during public festivals, or any other time, all to save a few bucks.  Penny-wise, pound-foolish?  Do we need an MBA to tell us that?

.

Susan O’Brien has been a journalist and published writer for forty years.  Most recently she wrote “The Condo Column” for an American daily newspaper.  Write to her at

HYPERLINK “mailto:thecondocolumn@gmail.com” thecondocolumn@gmail.com.  She welcomes queries but cannot give legal advice.

We shared a deck with our neighbors, split only by a rail fence. Except for that open rail fence, our decks were one. There was no privacy and no way to combat what became one of the worst nuisances we faced in condo living: a bird feeder.

Prior to the feeder going up, we had been on very friendly terms with this couple.  The husband had even nominated my husband for the board.  We’d had them in for dinner.  All that was about to change when the bird feeder broke up the friendship.

The first dangerous event from the feeder happened on a warm June night, when I was drowsing on my very uncomfortable futon in my living room to escape the loft heat.  I had the French doors to the deck open; despite this I didn’t hear anything, until the next day the neighbors said a bear had jumped on their deck, going after the bird seed they habitually left out.  I recalled the time my two uncles were in a fishing cabin and a bear came right through the screen door, sending them scrambling to the loft.  I could easily have been attacked by that bear as I slept not three feet from where he jumped onto the adjoining deck.  Too close for comfort, as the saying goes.

That didn’t stop the neighbors.  They did take the feeder down during the warm months after their furry visitor left, but started up again in the fall.  They placed the feeder on our side of the deck so in effect, it was very nearly ON our deck. Yes, it was legal by then in the state, but the seed was never contained on their deck.  It scattered everywhere below, inviting, as a Fish and Game officer told me, every single wild animal known to man.  Weekend life in a mountain condo became a constant ritual of scanning the common area below the deck, making sure no wild animals were feeding on bird seed. Winter mornings I would see many different types of tracks.  It amazed me that the neighbors, who were absolutely obsessive about cleanliness inside their unit, could live with fresh but also very old, filthy bird seed dumped all over the ground, in as wide an area as the wing span of an eagle.

A chat with them about what they were inflicting on us—including the mice that took residence in our basement—only resulted in these people taking personal offense.  They were huffy, childish and surly on any encounter, pointedly refusing to say hello if our paths crossed—which, being close neighbors, frequently happened.  This is juvenile stuff, but they kept it up.  Bird feeders were more important than the birds themselves, and certainly more important than people.

I embarked on a study of these feeders and learned that unless they are very regularly cleaned, they destroy many populations of birds.  Over 60 species of birds are now in danger of extinction because of feeders (source: Wall Street Journal.)  Why?  Well, just think about it: would you have everyone in your family, let alone your friends, eating out of the same bowl at dinner?  Birds feed, others come, all eating out of the same feeder.  If one has a disease it quickly gets passed to another.  A particularly pernicious eye disease was one of the worst passed from the feeders.  Nobody who really cares enough to learn about birds puts up a feeder, and the destruction of wildlife because of ignorance is no excuse.

As my research increased, I began to realize that the feeders benefit man but not the birds.  Bird feeders and the seed sold commands a tidy profit for the many businesses who cater to illiterate city dwellers, people who never bother to read about the wildlife in their vacation areas. Young birds who become habituated by feeders don’t learn to forage on their own.  And all birds are not created equal. Often feeders attract nuisance birds, like crows and blue jays, which bump out smaller birds; crows, for example, eat anything, including the eggs of other birds.  It may be loads of fun for city dwellers to come to a mountain or rural area vacation condo and watch their feathered friends at feeders, but birds aren’t on this planet for the entertainment of bored people. They have a right to live, too.

Twice we had dead birds on our deck.  What happens is that a beautiful hawk is attracted by the seed, but he sees a reflection in a big window, such as those of our French doors, and dives for it, thus killing himself flat on our deck.  It was terrible to behold such a gorgeous creature, obviously in good health, so destroyed.

Not satisfied with merely destroying birds and putting out the welcome mat for mice to come into my basement, the neighbors progressed from this to a huge outdoor display of pumpkins every fall in the common area between their unit and mine–this time, a free flowing space without even a rail fence.  Again, I sensed boredom as the motive: go buy fifteen or twenty pumpkins and some haystacks and make a display, then drive off and leave it on the assumption your neighbors will be thrilled to look at it. Sounds harmless, until you learn that pumpkins, too, are bear food and food for other wild animals. Hungry bears in fall, in a down berry season, go right for any other food. (If you didn’t know this, and you have a condo in a mountain or rural area, you need to bone up on your wildlife.)  And sure enough, one night when I was giving a seminar in town and at the condo during the week—when the neighbors were safely at their full-time home, and the complex was extremely quiet—I arrived home to find a raccoon merrily eating a pumpkin not five feet from my parking spot.  Knowing that raccoons in our area could be rabid, I was terrified.  I somehow made it from my car to the house.

All these actions of my neighbors were in violation of the condo rules.  There were to be no objects hung over a deck, as the feeders were.  There was to be no decorating of the common area.  But people like this, who disregard their neighbors, aren’t stopped by rules.  They do what they want, and as at least one of our board members had a few problems in the “I’m special and entitled to do what I want” department, there was no help there.

Corruption, I have learned the hard way as a condo owner, breeds corruption.  It’s like a cancer that should be stopped the minute it starts.  No special strokes for special folks.  Believe me, word got around about this complex, that some owners had more rights than others.  After we sold for 1/3 less than the previous sale—just to get out—only one other condo has sold there, also at a much reduced cost, over a three-year period.  I’m sorry that I feel that this condo association deserved what it got.  The largest amount of mail I got in response to The Condo Column was about board abuses.  And some of the writers were really desperate.

As I write this, my story about the bird feeders is over three years in the past.  It’s amazing how much emotion I still feel in regard to the people who made our existence there so miserable for so long, and in complete violation of the rules.  It also amazes me how little I knew about birds, their habits, and the threats to them by feeders until this happened.  I never thought about it before.

The positive side was a new appreciation of these lovely flying creatures.  I live now in blissful solitude with many trees, and this week a very large bird with a massive wing span, of beige and white and dark brown stripes, has several times flown across my view.  How beautiful it is as it soars skyward. How terrible if this creature died because of contaminated seed.

Much of my Condo Column has been a simple plea to all owners: DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU.  And “others” include birds.

Let me know your thoughts,

Susan

I am thinking of how the board of two condos we now own recently changed and how this affecting us.  Previously, all of the rules of the condo were scrupulously maintained by the board. The building was squeaky clean and the owners respectful. Now, chaos has ensued.

This is comparable to getting a job with a great boss and then he/she leaves and a new one comes in.  Everything in the past is out the window. Life becomes unbearable in the organization and you think of leaving.

Now, the condos that we so loved in a building we absolutely revered are becoming a burden.  We are thinking of selling.  The board is closed, secretive, and probably thus corrupt.  Financial decisions have become suspicious.  Have any of you had this experience?  Please let me know.

Condo ownership is difficult enough without a changed board that invites corruption.  These are serious matters, not only of quality of life, but of investment and potential financial loss.

Please feel free to comment, and I’ll respond.

Susan

By Susan K. O’Brien

If you’ve just bought a brand new condominium in New Hampshire, check out and report any problems very quickly to the NH Office of Consumer Protection.

That’s because the New Hampshire House of Representatives has sent to the Senate a budget proposing to close this Office, the single biggest elimination of a government service.

In a speech to the Greater Portsmouth Chamber of Commerce, Governor John Lynch said eliminating Consumer Protection is worrisome and “doesn’t make sense in my mind.” (Seacoastonline.com, April 22, 2011.)

As if condo issues of all kinds aren’t bad enough in terms of redress, these changes would completely remove the current protection for new condo construction.  Under that protection, you, the owner, currently may appeal to the state for assistance and relief from deceptive sales practices and/or poor construction.  You may not appeal to the state for issues involving other condo and board disputes.

“There already are limits to what we can do,” James Boffetti, Senior Assistant to the Attorney General and Chief of Consumer Protection told me in an interview.  “This budget would eliminate the controls we currently have over our process to register condominiums prior to sale.  We provide this registration to help insure that everything is in order for consumers.”

Boffetti said his office receives about 7,500 complaints every year on a wide variety of issues.  In addition to the investigation process for new condos, Consumer Protection covers—among others—everything from nursing homes to oil providers to health care, some of which involve public safety.

I wonder if innocent prospective condo buyers have any idea just how expensive it can be to try to get remedies for wrongs from developers or recalcitrant condo boards.  In the case of a problem I had, it cost $500 just to sit down with an well-respected attorney, explain the situation, and pay him to write one letter to my condo board.  The letter was ineffective in solving the problem.  In order to get a real result, I would have had to spend thousands of dollars in an open-ended relationship with the attorney.

A few viewings of the “Holmes on Homes” program on HGTV gives depressing snapshots of what incompetent or negligent contractors can be capable of in construction: everything from water gushing into walls to unsafe electrical work and dangerous deck construction, to name just a few.  If you don’t have the money to fix it, and you don’t live in a state where there’s consumer protection, you’ve got a big problem.  While some condo owners may be wealthy enough to absorb unexpected costs, many buy into condos precisely to save money by eliminating what is perceived as the more-expensive-to-repair single family home.

“There already are limits to what we can do. We don’t have the resources to handle complaints not in our mandate,” Bofetti said, reminding me of a different statistic one of his staff members told me several years ago: Consumer Protection may get as many as one or two calls per day about condo issues, from people often desperately looking for help. That’s a lot of unhappy owners.  But, “It is not our mandate to take on disputes between owners, for example.  The initial registration process alone is very time-consuming.  Our role is to try to provide relief for defective condominiums sold through unfair tactics.”

So what can you, the condo owner, do if you face a difficult condo problem?  First, define that problem; then figure out where to go with it.

“If there is a criminal issue of theft or misappropriation of funds, it should be reported to the county attorney or local police,” Boffetti advised.

If it’s an interpersonal dispute, try and resolve it within your association; remember, too, that making such an effort prior to going to outside resources can protect the reputation of your association.  Involving attorneys or other authorities usually results in long-term anxiety and possibly major expense.

In general, Boffetti explained, “The larger the association, the more problems there will be with communication.”

Therefore it’s important to stay involved to know what’s going on with your association and your board.

Numerous Condo Columns have advised prospective condo buyers, whether for new construction or existing units, to do their homework prior to purchase.  Boffetti reinforced these strategies:

—Read the bylaws.  Determine whether or not the association enforces them.

—Carefully examine all financial statements.

—Get a statement of anticipated future assessments.

—Hire a very good home inspector who comes highly recommended by people you know and/or trust.  Don’t just have the interior checked; obtain an inspection of the common property, including the roof and exterior siding.

—Obtain a complete history of condo dues; those dues should be free of wild up-down fluctuations.

—Determine how many units are owner-owned, and how many are rented.  Review

rental rules with the association’s property manager, and obtain a statement that those bylaws are enforced.

—Who runs the association?  Find out the credentials and history of your property management.  Have formal complaints been filed?  Has any complaint ever gone to court?

If you have any questions involving legalities, I strongly suggest you review any potential problems with a real estate attorney before you buy.  Yes, it costs money, but like many other life situations, an ounce of prevention is worth thousands of dollars in condo cures.

The elimination of Consumer Protection services would be a trip back to the dark ages of commerce, when buyers had no protections whatsoever.  I remember many sad tales my uncle, a car salesman, told me of customers who came to him after buying—and having to scrap, without legal redress—totally defective vehicles they had purchased from other companies.  Is this really what we want, to turn back the clock to those days?

Buyer beware on two fronts:  beware of deceptive sales tactics from developers and/or real estate agents, and beware of elected officials who wish to remove what protections do exist for you.  Remember that if you are like most people, your investment in your home is likely the largest investment of your financial life.  You probably can’t afford to buy a condominium that’s defective and absorb the cost of fixing it.

It’s a privilege to have public services funded through taxes.  Public schools, police and fire safety officials, and consumer protections, are a necessary part of a civilized society, not a luxury.  New businesses contemplating coming to your state take into consideration what public services are available and quality of life for employees.

You get what you pay for anywhere you buy a condominium; New Hampshire is a horrible example of what can happen, but anywhere there are government cuts affecting consumer protection, property owners are in jeopardy.  With a new condominium, if you don’t get what you paid for the first time, you may soon have to pay for it again.

Susan O’Brien has owned four condominiums, currently two in Canada.  Write to her at thecondocolumn@gmail.com.  All communication is confidential.

By Susan K. O’Brien

Have you looked at your deck lately?  Summer is the season of heavy deck use, and all condo owners should be aware of hazards.

Often we take for granted that our decks are safe.  But continual assessment is the key to avoiding injury and serious problems, according to Jason Poremba, a firefighter who writes for FireRescue1.com.  He points out that sometimes decks are constructed without the owner realizing the need for a permit; some decks are otherwise constructed illegally, without regard to safety regulations.

“In an effort to save money, some builders are pushing the limits of spans on deck joists.  Often architects will specify specific framing anchors in drawings, but builders or clients will make their own judgment on site.  This is not to say some architects are under-sizing framing members and anchors as well,” he asserted in a Sept. 29, 2009 article on the web site.  “The problem with poorly built decks is that they often are overlooked and not so obvious to find.  Most often they are failing before they are determined to be unsafe.”

Problems of collapsing decks for firefighters seem obvious, but dangers to residents are less so. A recent HGTV “Holmes on Homes” documented the case of a Canadian woman who fell through her deck during the structural collapse.  Many months later, she was still recovering from her injuries.  This might have been prevented had she taken some simple steps to evaluate her aged deck.

You don’t have to be an architect or a Holmes to note basic problems.  Think about the maximum number of people you’re going to have on your deck this summer.  That clarifies the need to answer the following questions:

Is the deck sagging at any point? Does it bounce when you walk on it?  Look around your deck by standing on it, and by walking around it and inspecting it underneath.

Have you replaced old deck boards with new ones?  This can lead to problems, particularly if it was a do-it-yourself project.  If you notice boards that don’t meet properly, are rising, or are old rotting boards next to new, obtain the services of a qualified deck builder to check for safety and revise any issues.

How old is your deck?  Are the legs spindly and thus possibly too thin to carry the load?  It may be time to revamp, or to tear down the old deck and build a new one.

How wide are the spaces between the deck posts?  Could a child fall through or otherwise be injured?  This is particularly important with high-rising decks.

If the deck is new, did the builder use enough nails to secure the boards?  According to Poremba, some builders skimp and use only half the number of nails they should.

The safety of materials used to maintain a deck also raises issues.  I wondered about this when my condo association annually brought a worker in to “treat” the deck.  First, the decks were power-washed, and then a thick sealant was rolled on. For days afterward a heavy chemical smell lingered in the air.

Although the deck treatment itself apparently didn’t cause harm, I was right to be concerned, particularly about the power washing. Decks built before 2005 may contain arsenic (chromated copper arsenate, CCA), according to Dr. Gary Ginsberg, book author of “What’s Toxic, What’s Not.”  Arsenic has contributed to serious health problems, since it can be easily absorbed into the skin of anyone touching it, particularly children playing on decks.  Symptoms include nausea, diarrhea, dizziness, burning eyes and throat, and even speech impairments; victims may also develop a rash, and/or sensations of numbness in hands and feet.

A case study in the March, 2007 Good Housekeeping magazine reported one family’s nightmare with arsenic poisoning from their deck.  The young daughter even developed a “series of frightening seizures.”  Worse yet, because the skin of a child is thinner than an adult’s and absorbs higher levels, chronic exposure to arsenic—even in low doses—can significantly increase a child’s risk for bladder, lung, or skin cancer, the article reported.

On his web site, “Greener Living with Dr. G,” Ginsberg advises these steps for pre-2005 decks:

1.  Coat pressure-treated wood structures every year in the spring with sealant.  It appears that oil-based deck stains work as well as any in keeping the arsenic in check.

2.  Do not sand, power wash, or cut pre-2005 pressure-treated wood in your yard.  This may release arsenic and spread it around your yard.

3.  Assume the soil under the deck or playscape is contaminated too.  So do not let children or pets get into this area.  For playscapes, cover the contaminated soil with a layer of sand or wood mulch/chips to prevent contact with arsenic in the soil.

4.  Consider replacing an aging deck or playscape with one using modern wood products.  They will be free from arsenic.  Bring the old pressure-treated wood boards to your town’s landfill.  Do not burn them yourself.

Every condominium association treating decks should inform owners what is in deck treatment and the date it will be applied, so that adults, children and pets can avoid exposure to potential toxics.  You may also wish to ask your association to place deck dangers on the agenda for the next meeting, to review and discuss the age, condition, and appropriate remedies for all the decks in your complex.

If you’re buying a condo with a deck, make sure the inspector looks not only at your deck, but also at others.  If he finds issues, determine ahead of time what the association will do about it, how much it will cost, and whether or not a special assessment will be needed to pay for repairs or new construction.

For more articles, go to epa.gov and type in “Deck Dangers.”

Susan O’Brien has owned four condominiums, currently two in Canada.  Write to her at thecondocolumn@gmail.com.  All communication is confidential.

BY SUSAN K. O’BRIEN

Note:  This Column Pertains to U.S. Residents In Trouble with Mortgage Payments

Times were good when Sam and Barb (not their real names) bought their mountain condo.  Sam, a software developer, and Barb, an elementary schoolteacher, used their delightful unit for weekend getaways, intending to retire there when Barb’s tenure was over.

The couple also believed their condo, with its bright scenic views and open floor plan, was a great investment.  They made some expensive upgrades, like granite countertops and stainless steel appliances, certain all the money they spent would come back if they sold.

Then Sam’s business went belly-up in the great Recession.  Barb’s income was just not enough to cover the expenses both of a home in a metropolitan area and a vacation condo.  Their oldest son lost his job, and when he broke his foot in a fall, medical expenses fell to Sam and Barb.  Bills mounted; at home all day, Sam fell into a depression. Barb, stressed to the max, always having relied on Sam to take care of the bills, simply didn’t realize payments had lapsed.

So it was that Barb went into shock when the bank issued the foreclosure notice on the condominium.  She found it on Sam’s desk, where it had been sitting for several weeks.  Questioning him was futile; he just shrugged and clammed up.  He’d been withdrawing more completely than she had realized, and now time had run out.

The couple had invested considerable savings in the unit, in the down payment, the mortgage payments, and in the improvements and fees they had made over five years.  They stood to lose their entire investment, plus their carefully maintained credit rating.  A new notice arrived via email: the condo association was in trouble financially and had to issue a special assessment to each owner: $5,000 to cover the costs of needed repairs.  The couple could not meet this assessment.

Barb finally flew into action and made appointments with real estate agents to sell the property.  But there was even more bad news: the unit was now worth less than the purchase price.  Within a year, Barb had to stand by helplessly while her unit was sold at auction for less than half what Sam and she had paid for it.  By the time Barb learned what she could have done to at least partially alleviate the situation, it was too late.

The U.S. Housing & Urban Development agency offers good opening assistance for the homeowner facing the possibility of foreclosure. Counseling through HUD-approved agencies is low-cost or free.

The first HUD-suggested steps are:

Don’t ignore the letters from your lender

Contact your lender immediately

Contact a HUD-approved housing counseling agency

Toll FREE (800) 569-4287

TTY (800) 877-8339

Communicating with your lender is critical: open and respond to all mail from your lender.   Understand your lender does not want to foreclose, and is probably vested in working out a plan whereby you can keep your home.  Most lenders have options to offer you.

Other actions you can take:

—-Know your mortgage rights, to inform your dialogue with your lender.

—Understand your foreclosure options.  Learn the language (e.g., “loss mitigation”) so you can maintain an intelligent decision-making process.

—Prioritize your spending; HUD suggests making your mortgage payments the first priority after health care payments.

—-Do you have hidden assets that could help raise cash?  Is there an extra vehicle, jewelry, or other valuable items you could sell?

Above all, HUD commands homeowners facing foreclosure to AVOID “FORECLOSURE RECOVERY” SCAMS.  BY SIGNING A LEGAL DOCUMENT WITH A “FORECLOSURE PREVENTION COMPANY,” YOU MAY BE SIGNING OVER THE DEED TO YOUR PROPERTY. Do not sign anything without first having an attorney, a trusted real estate professional or a HUD-approved counselor review the document.

Bank of America reports it is likely to present a number of solutions to its borrowers in trouble, including: repayment plans that allow a delinquent loan to be brought current; forbearance plans that would suspend borrower payments for a short period of time.; and/or modifications and refinances that can help make a loan affordable for the long term.  The bank also confirms HUD’s advice to notify lenders immediately, since some lenders also will consider partial payments over an agreed-on period of time.

If Barbara and Sam had remained aware, there could have been a positive outcome. By studying real estate markets and business trends, they might have sold their property before the worst happened.  They also would have had the option to rent the property, hopefully with enough rental income to cover the mortgage and expenses; that strategy would have bought some time and perhaps helped them avoid foreclosure altogether.

To get more HUD-related information Google “Tips for Foreclosure, U.S. HUD.” Read more: How to Avoid a Bank of America Foreclosure | eHow.com http://www.ehow.com/how_2324450_avoid-bank-america-foreclosure.html#ixzz1HKVjzDpo

Susan O’Brien has has co-owned four condominiums, currently two in Canada. Your questions and comments are welcome at:  thecondocolumn@gmail.com.

A thief was operating in the condominium complex.

Wood was being stolen from the front of several units.  No one knew when the theft occurred, only that it was happening on different days, as if the thief believed it was safer to lift frequent, small amounts rather than one large haul.

The strangest part of the mystery was that the wood was kept in open half-shed areas attached directly to the condominium at the front door.  Anyone stealing the wood would not be sneaking down in back, but would be conducting a bold theft where he or she would be most likely to be seen.  The other odd aspect was that the wood was being stolen from the uppermost units in the complex, necessitating that the thief drive past all the other units both en route to the wood piles and, again, to leave the property with a load of wood.

At first, the petty theft was more annoying than frightening.  Many of the Mount Washington Valley owners in the association used wood as a primary source of heat in the frigid winters, and losing this fuel was often not easy to replace after the heating season began.  But it didn’t feel like a personal threat.

Neighbors chatted briefly about the problem, agreed to try and keep watch, and the winter proceeded without further incident.

But the following late fall, the same thing happened.  Now residents were beginning to have deeper concerns.  Was this an inside job, perpetrated by someone who occasionally was employed on the grounds?  Was it one of the many skiers who were temporary but repeat renters?  Or, worse, was it one of their own, another owner stealing from a neighbor?  Worst of all, was this relatively minor theft about to become something more major, the thief or thieves graduating to more valuable items or maybe even to a home invasion?

Considering these unsavory possibilities, some owners now took up the cause in earnest.  One posted threatening signs on his woodpile, stating a camera was photographing anyone who stole the wood.  Another put a door over the wood shack and secured it with a thick padlock.  Emails circulated among the owners, peppered with uneasy sightings of possible suspects. Who, the owners asked, would be risking a possible police action and maybe even jail for a few sticks of wood?   I personally wondered if it could be a person whose family really needed the fuel to keep warm in the winter in the ever-worsening economy, someone who perhaps went from complex to complex in the Valley, stealing some wood from one and more from the next.

In general, owning and living in a condominium is probably safer than renting or living in a single family home.  A web site called CondoCompany.com, for example, reports that renters in New York City have an 85% higher chance of burglary than do condo owners.  The reasons are unclear, the web site states, but may be related to homeowners associations that provide better security and keep stricter watch over the property.

But as the wood thief shows, it’s hard to be too safe in your condominium.  Anyone who’s spent a few evenings watching Identification Discovery Channel on cable TV knows that random crimes occur in even the safest places in America.  So taking a few precautions can give you peace of mind.

These include the basics of keeping your doors and windows locked whenever you can, particularly at night and during times you’re not in residence.  Check for loose window or door fittings that could allow a criminal in even if you think the unit is secure.

An E-zine article, “Condo Security Needs Revamping” by Frank Fourchalk, asks readers to be aware that brand-new condos may be no safer than older units.  He says it depends completely on the quality of the building and the builder’s commitment to safety and security.

If you’re moving into a new condominium, you should immediately change the locks.  Who else has a key?  Many, if not most, associations require that you leave a key with a manager.  Has that manager been checked out?  Is he or she ethical about not giving out keys to unsupervised workmen when you aren’t home?  Don’t be afraid to ask your property manager what security procedures are followed.

Condominiums that don’t have in-unit washers and dryers often have basement or less-secure areas for laundry.  These areas in particular can pose security problems, and owners probably shouldn’t attend to their laundry alone.  The same may be true for exercise centers.

What about alarms?  You have to weigh the pros and cons of having a burglar alarm system.  Such alarms often are incredibly easy to set off accidentally.  What about this hassle for you and your neighbors?   If you’re a woman living alone, particularly if you live in a city or remote rural area, or if you reside in a higher-crime area, it may be well worth the problems to install a good alarm system.  I’ve lived with and without alarms, and personally I’d much rather have one; the peace of mind is very significant.

If you don’t want to install an alarm, there are burglar sticks that fit against interior doorknobs that can be very effective in keeping out an intruder who has managed to pick the lock.  There also are small, battery-operated alarm systems that can be placed at the bottom of the door that will send off a little shriek if someone is breaking in.

Take precautions against identity theft, particularly if you are a vacation condo owner renting frequently.  Don’t leave documents accessible that display your private information.  At one of our condos, where there were frequent renters and repairmen in when we weren’t home, we installed a safe in the basement and bolted it to the floor.  It was invaluable for prevention of problems.

Bring up security issues for regular review at association meetings:

—-Are security lights, road lights, and other illumination kept in good working order?  What is the process for regular inspection?

—-Is annual attention given to trimming bushes, shrubs and trees close to doors and other access areas?

—-Is there a six-foot or higher fence around the complex, and if not, is it possible to install one?

—-Are the address/complex name and unit numbers clearly visible to police (or other emergency service providers?)

—-Are common laundry and exercise areas kept locked, with strict attention to exactly who has keys?

—-What can the association do to educate owners and their children on security?

As always, one of the best ways to prevent or identify problems early is to know your neighbors and attend your association meetings.  Stay educated on all issues, including security, and maintain good communication.  If you spot a potential problem, don’t minimize it; report it promptly and expect a speedy solution.

The town of Florissant, Missouri, with a population of about 50,000, bills itself as “one of the safest towns in America.”  Perhaps one reason is the detailed amount of information available on apartment/condominium security measures any association can take to insure the safety and property of owners.  It’s the very best I have found:

www.florissantmo.com/policenew/communityService/apartmentSecurity.pdf

Here you will find exact specifications on how to provide security for your condominium, expanding on my suggestions and offering many more.

The mystery of the stolen wood was never solved, and more was lost than just some wood: for a time, it affected the quality of life in the complex as owners looked at neighbors, workmen, and visitors with suspicion.  It was not a happy time in the life of the association.

I hope your condo life will not include such an event.

Susan O’Brien has co-owned four condominium, currently two in Canada. Your questions and comments are welcome at: thecondocolumn@gmail.com.

By Susan K. O’Brien

Are you dreaming of a beachside condo in Belize, or a ski chalet in Switzerland?

If so, despite the luxury nature of such a purchase, you aren’t alone.  Buying condos in a foreign country is becoming more common as boundaries shift, air travel increases, and foreign developers discover the market.

TV shows and slick magazines paint a rosy picture of such a purchase.  But as the American owner of two condos in Quebec City for over ten years, I learned how to think about a foreign purchase.  The first step is not to hire a real estate agent and go looking, but to determine your needs, wishes, and particularly your limits.

Before falling in love with a geographic place or an actual condo, sit down and figure out exactly how much you have to spend and stick to it.  In our case, drawing this firm line meant a very considerable savings.  The first unit we bought had been on the market for a year and the owner was anxious to sell.  He accepted an offer from us that was lower than a previous offer he had turned down.

Add in extra expenses: airline travel, utilities, taxes, and a cushion for the inevitable but unexpected repairs that will come up.  In the case of Canada, taxes are significantly higher than the in U.S.  Fees for real estate agents can go as high as 8% in some countries, so research that before buying in case you want to or have to re-sell the unit.

Now figure out your primary use.  If it’s to spend time on the beach, you may be looking at a condo association made up of many tourists from other countries.  In our case, we wanted the full experience of French Canadian life with many places to walk to, so we purchased a unit in a very historic building in the heart of the oldest section of the city.  Remind yourself of how you live at home: do you need peace and quiet?  If so, don’t buy a unit next to a swimming pool.

Make a list of everything you’d like to get in your new condo.  Always use a licensed agent, and present your list to the agent before you even look.  Have a copy with you and keep notes on the criterion each unit meets or doesn’t.  You may or may not get everything you want, but it’s surprising how close you can come.

Are you planning to rent your unit?  Laws differ in different foreign locations: Canada has strict, very consumer-oriented laws that favor tenants.  Having a list of honest, reliable rental agents is essential in considering any such transactions.  How much can you get per month?  Are weekly or shorter-term rentals allowed? (If yes, that can be a negative factor in the quality of life in the association but may reap a better rental income.)  Pets?  What happens if the tenant is unreliable?  Can you evict, and how?

Find out the rental history of units in any association you’re considering.

Many people considering a foreign condo ask me why we purchased in French Canada rather than in France.  I have a very low tolerance for the burdensome trappings of airline travel today.  For me, it’s no longer enjoyable to fly; it’s an ordeal.  I wanted a place we could easily drive to, and that decision has proven to be correct for us.  We enjoy our leisurely drives almost as much as we do the experience of life in another country; we have favorite restaurants we stop at to eat; we know the route; it’s comfortable and safe.  It’s also  much cheaper than paying for plane tickets.

So if you don’t want a vacation spoiled by planes that don’t fly, or by standing in long lines and fighting for food and water, fully consider the dark side of having to travel a long distance to enjoy your vacation unit.  If you hate flying as much as I’ve come to, you’ll be better off with a condo in a close Canadian location, or in the U.S.

Research health care.  What options are there if you or a member of your family gets sick?  What is the quality of care?  Will your insurance cover a health care emergency in another country?  Despite the reputation for long waits in the Canadian health care system, I have never had that experience.  Both times we needed to use it we received excellent, on-the-spot, emergency care.  I have read of other visitors who have not had such a positive result.

If considering a retirement condo in a foreign country, note that you must remain in the U.S. for approximately six months per year or you can lose your social security and health benefits.  You will still have to pay U.S. taxes on your income, including any you generate in a foreign country.

What other services are available nearby any condo you consider?  If you need to replace a dishwasher or fix the plumbing, how will you be able to do it?  Remote locations in foreign country, attractive as they may be for views and natural surroundings, can be problematic if you don’t speak the language and you’re trying to arrange a repair from the United States.

Will a language barrier exist in other ways?  How important is this?  Work only with an agent who will provide you with a copy of all documents in English.  How will you read your association documents if you don’t speak the language?  How will you be able to determine, for example, if increases in condo fees are fairly calculated?  It’s a great courtesy to the culture you’re joining to learn at least a few phrases in the native language.

Financing can be difficult in foreign countries.  Line up an advance American expert to help you through this minefield.  Some countries require as much as 40% down; other cultures may only accept full cash payments.  What about the title?  You need to understand whether or not your title is completely clear; if not, in some countries, family members have been known to come forward and try to claim the property.

As with all condos, you should plan to participate in the life of the association as much as possible.  Attend as many meetings as you can, learn about the issues, and make your voice known.  There are honest and dishonest board members in every country in the world; ignoring association relationships is a poor idea anywhere on the planet.

Know your neighbors.  An advantage of buying into an association that has at least some permanent residents is that they are far more likely to know what goes on when you’re not there.  Some Americans have the idea, for example, that French Canadians are very unfriendly; this has been totally untrue in our case, and knowing the board and having friends in the building has been invaluable in problem-solving and, of course, in shared enjoyment of the culture.

There are numerous issues to consider and resolve before buying a condo in a foreign country.  In our case, buying an architecturally designed unit in a very historic Quebec building has provided a deeply satisfying experience of living in another culture in the closest way possible.  It has not always been problem-free, but it has always been very interesting.

So positive was our experience that when our next-door neighbors, a younger couple with whom we had become close friends, decided to sell their unit, we bought it directly from them without an agent.  By then we knew which attorney to use and what the ground rules were.  We now own a small wing of this beautiful building, affording much privacy and peace.

While we bought our units at a time of excellent exchange between the dollar and the loonie and low prices in the market, we did not purchase as an investment.  Nonetheless, because we chose wisely in a city now the tenth tourist destination in the world (as rated by Conde Nast, 2010,) our two little condos have grown greatly in value.  Because of their historic location and cachet with both the French and out-of-Canada buyers, they will always be in demand.

Bon journée!

Susan O’Brien has owned four condominiums, currently two in Canada.  Write to her at thecondocolumn@gmail.com.  All communication is confidential.

By Susan K. O’Brien

Jill Roeting Thornton and her husband Bob run a good condominium association.

How do I know this?  Two owners freely wrote me long emails full of praise.

With the negative rap I’ve given as to how bad condo associations start and self-perpetuate, it’s time for some good news.

The Thorntons started building the Radio Station Condominiums in the Mount Washington Valley in 2003.  They held their first association meeting in 2005, with the association attorney present and Jill as board president.

“Both Bob and I worked closely with the attorney on this as we had both lived in condo communities before and therefore wanted to set a positive tone for people buying in,” Jill explained.  “It’s part of a good development plan.

“The first meeting was in the attorney’s office because I felt this started us out on the right foot as we put together a budget, elected offices and recorded minutes of the meetings.”

Jill also felt including the attorney at full association meetings set the right “tone” from the beginning.  At the second meeting, the need to raise the condo fees from $95 to $110 was recognized.  The members also determined they wished to start a reserve fund.

“In 2008, we decided to hold our own meetings without the attorney.  An agenda was put together outlining areas of discussion and any decisions that needed to be made.  Also a copy of the annual budget was presented for everybody to review and questions were invited,” Jill explained.   “It’s so important to do everything correctly from the start.”

According to the bylaws, pets had to be approved by the board. When animal lover Marie moved in, Jill queried all owners.   Some were for and some against, but it was agreed to let Marie have her pet.

Marie had chosen carefully when she moved to Radio Condos.

“It’s a small community where all the members are helpful to one another.  We get together quite often for meetings and parties.  We especially bond during the summer when we work together on the flower and vegetable garden areas.  This helps to keep our condo fees very reasonable,” she wrote to me.

Marie had never lived in a condo association before.  It’s a new experience and “I love it.

“Since I’m a widow, I don’t have a husband to help out with the many chores, so for me, a condo is the way to go.”

She chose Radio Condos for “the location, the spaciousness and the quality of the workmanship.”

Lisa agrees with Marie’s positive assessment of life at Radio.

“I’ve lived here the longest, just over five years.  All of us who live here have the same feeling as I do, and want to keep it looking nice and well manicured.  We are all friends and enjoy the common garden.  We all pitch in when necessary,” she explained.

As Marie did, Lisa carefully evaluated the living situation before deciding to buy.  She didn’t want a condo “at the base of a mountain; I live here full-time and don’t want to be in a place where there were a lot of transient people coming and going every weekend and having loud parties.”

Lisa also appreciates the small community of only 14 units.  She wanted to avoid “living with 100 other people and thin walls.”

The Thorntons and their owners also felt it was important to limit renting to long-term only, and to stipulate that no renters may have pets.  Again, this was to nurture a true community where owners had consideration for their neighbors.

“We have a population of almost all full-time owners.  Therefore, an amendment was made allowing rentals but only on the long-term basis.  Nobody wanted weekly renters.  This was decided at an annual condo meeting,” Jill explained.

Prior to all annual meetings, notices are sent out with proxies and an agenda.  Owners are asked to submit any particular issues they want addressed.

So what did I learn from The Good Association?

—-Development of a positive community takes work, attention to legal detail and good communication among all owners.

—-Bylaws should be drawn up by an attorney who has no conflict of interest; in other words, a non-owner developer.  In a new association, initial meetings held with the attorney present are set the right tone.

—-Rules are to be abided by and enforced equally and fairly to all, while maintaining all democratic procedures and policies.

—-Resolve conflict by open airing of issues, discussion, and negotiation.

—-All owners should have an equal voice, encouraged by the opportunity to present issues at meetings.

—-A board president and board members who truly care about the quality of life are essential to a low-stress existence and the maintenance of property values.

—-Owners who adopt a neighborly attitude toward each other, and the willingness to pitch in, have a happier and more satisfying condo life.

—-Having some direct connection with a builder-owner helps to understand how the units were built, a possible indication of how they will be maintained.

Finally, Jill pointed out, “setting the tone” works both ways, as exemplified when the association allowed its first dog.

“Marie was a model resident and her dog was a love,” Jill said.  “Marie set the example of how to keep a dog.”

While it’s probably easier for owners to get along in a smaller association, there is no reason why any association cannot be run on a simple axiom: do unto others as you would have them do unto you.

As I’m writing this, I’m wondering why all associations don’t live by that rule. Why do some owners and board members persist in breaking rules, creating nuisances, ducking out on responsibilities, and in general adopting a “me first” attitude in their condo dealings?  I don’t have the answer.  It’s not even self-serving to act in a mean-spirited way, because of the effect on property values; from this standpoint alone, bad condo behavior is incomprehensible to me.

“We are very lucky to have a very cohesive group of professional people,” Jill concluded.

It also appears the association is very lucky to have the Thorntons at the helm.

In addition her role in Radio Condos, Jill Roeting is well known in the Mount Washington Valley as the past creator/developer of the successful annual Honey-Do Auction to benefit Habitat for Humanity. For more information on her condo association, contact her at: jaroeting@hotmail.com or 603-986-5915.

UPDATE: The lawsuit against Stonecleave Village Condo Association of Methuen, MA, as reported on in this column, has been settled.  As part of an agreement with the Justice Department, the association must pay $150, 000 in damages for discrimination against children: $130,000 to the victims and $20,000 in civil penalties.  Board members also are required to undergo training about the Fair Housing Act. — Boston GLOBE, Nov. 26, 2010

http://www.boston.com/business/articles/2010/11/26/condo_group_to_pay_150000_in_child_bias_case/?s_campaign=8315

Susan O’Brien has co-owned four condominium, currently two in Canada. Your questions and comments are welcome at: thecondocolumn@gmail.com.