It is necessary that I be redundant and repeat my comments on the rusting door problems discussed in the June 26, 2008, President’s Report and the Board Meeting as follows:
               
Rusting Doors:  Many owners have questioned the status of the rusting doors.  The Board has received many emails, letters, memos, etc. regarding the rusting problem. The Board has had many meetings in the last year with the door manufacturer’s representatives and the door distributor, from whom we purchased the doors.

The question has been asked, “…what warranty did the association receive when they purchased the doors?”  The answer is a ten-year warranty from the door manufacturer.

Suffice it to say, all parties involved in this matter acknowledge a ten-year warranty is in force however, all parties also know there are serious rusting problems with the doors exposed to major sun and salt air.  The condensed version of the meetings held in the last year has all parties trying to avoid responsibility for the rusting.  Each party contends they are not totally responsible, as they do not want to bear the cost of repair or replacement.

Since our last Board Meeting in June, the Board has engaged, with the assistance of our engineering firm, an independent laboratory to examine and test the manufacturing methods, coatings and paint versus the manufacturer’s door specification received when the doors were purchased. Rusting doors were removed from certain units and replaced with new doors.  The rusting doors were forwarded to the testing laboratory for their examination.

The Board has recently received the independent testing laboratory’s report.  Suffice it to say the doors purchased and installed do not meet the specifications supplied by the manufacturer at the time of purchase.

Representatives of the Board have discussed this matter with legal council in recent days and intend to file a civil action against the door manufacturer in the near future. 

The Board had not been able obtain repair action by either the door distributor or manufacturer and therefore must file a legal action to move this matter to conclusion.  We cannot predict the outcome or the cost of the legal action.  However, legal action appears to be the only alternative at this junction in the process. 

Code Compliant Windows:  During this past year our engineer surveyed the windows and sliding glass doors currently installed in each owners unit.

The purpose of the survey was to determine if the existing windows in each owner’s unit are impact resistant and meet current code. 

The engineer’s report received notes “…many of the windows and sliding glass doors have been replaced by the owners over the years.  There is currently no accurate documentation with the Association of the type of windows installed by the owners.  Therefore, each unit was inspected to try to determine the type of windows currently installed.

In many of the units, only a few of the windows were replaced.  This makes identifying the products very difficult since there are several types of window products in each apartment.  In addition, many units only had the sliding glass doors replaced.”

A copy of the engineering window report and the accompanying spreadsheet will be forwarded by mail to each unit owner in the near future.

It will be necessary for all unit owners to obtain the permit records from the building department to identify the window manufacturer.  Then the window manufacturer’s representative will need to inspect the windows to determine the model of window installed and provide wind load and impact ratings for that product installed.  Once the engineering firm has certification of the window product from the manufacturer, they can determine the compliance of the product and prepare the mitigation forms for the Association accordingly.  All owners who do not have compliant window products will need to replace their windows with code compliant windows.

Trash Disposal:
We again request owners to properly dispose of construction debris and household goods. Not down the trash chutes!  Paint cans are to be disposed by owners off the property not in the trash chutes.

Parking:
Parking in guest slots is by permit only.  Please have your guest check into the office for a Guest Permit.  If your guest is to arrive in the evening or the weekend we request the owner register their guest’s car in advance in the office and obtain a guest permit.  The guest parking will be strictly monitored this winter and violators will be towed without notice.

Pool Security:
The experiment with pool security on weekends was less than satisfactory.  The service has been terminated for personnel problems.  If behavior at poolside is less that expected this winter other security procedures will be investigated.  In the meantime, please advise your guests on proper demeanor at poolside with no food or drink inside the pool area.  Loud music and partying is also discouraged.

Respectfully submitted,
Le Baron Condominium
Sam Bowling, President
December 12, 2008