Editor's Note: The following policy is one way of addressing lease violations. Like all policies, it should vary with the specifics of the environment in which it is applied. Start with this, and make changes according to your own development.
This policy applies to damages to the unit caused by a member or a member's family, including guests.
1. A member pays all repair costs for any damage to a unit (beyond normal wear and tear as defined by the management agent and the board of directors or its designee) and/or common space if the damage is caused by her/himself or her/his family, including guests.
2. A member may choose to hire an outside professional (at her/his own cost) or call the appropriate Co-op committee, who will arrange for the repairs. The Co-op committee may do minor repairs itself, call in an outside professional, or call in the management company.
3. If the Co-op committee arranges for the management or an outside contractor to do the repairs, a member can arrange to repay the Co-op in installments. The management agent meets with the member to work out a plan for 6 months (or less). Any payment plan must be in writing and signed by the member and management agent. Failure to keep to the terms of the payment plan cancels the plan, and the full balance owed immediately becomes due and payable.
4. If there is a question of who is responsible for damage to common space, the management agent will try to determine the individual(s) responsible for the damage. Appeals to the management agent's decision can be heard by the co-op Board. The Board's decision is final.
5. A member will be charged for damages beyond normal wear and tear found at move-out inspection. The management agent will give the moving-out member a bill, listing the cost of material and labor. If repairs have to happen during overtime, the member pays at overtime rates.
6. Payments for damages should be paid with a separate check or money order identified as payment for damages. (Do not add this money to a check for your carrying charge.)
7. Members may do their own repairs but the repairs must conform to the Co-op's quality standards.
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1999 ARCH. All rights reserved.