It’s no secret that residents in condos or co-ops can be a fickle bunch, and many times decide to undertake a repair or remodeling project themselves, without going through the proper channels. 

Maybe it’s a new owner who wants to make major changes to his home to make it a better fit; perhaps it’s a long-time resident who buys an adjacent unit and wants to knock down some walls to make one big unit; or an owner could just be sick and tired of his flooring and wants to do something new.

In each of these scenarios, the first step should always be petitioning the board for permission, but often, people get tired of waiting for a response and decide to forge ahead and hire contractors themselves. This can lead to numerous problems.

“The condominium documents will tell you what you can and can’t do; some will even limit the number of bedrooms. If there are loadbearing walls you need to get the permission of the association,” says Charles A. Perkins, Jr., a senior partner with Perkins & Anctil, Attorneys at Law, in Westford, Massachusetts. “Some associations take that even further and say if you’re going to do any work in your unit come to us for permission, present us with what you’re going to do and when you’re going to do that. Also make sure you’ve got a licensed and insured person doing the work.”

Howard L. Zimmerman, AIA, founder and principal of Howard L. Zimmerman Architects, P.C., says each building should have a proper building alteration agreement in place. “The board lays out what has to be filed; what the contractor qualifications are; what the hours of working are; and whether to file with municipality or not,” he says. “There should be house rules regarding the hours worked and whether weekends are included. What time of night? Whether you can cut through walls and what protections are offered.”

Rules Aren’t Arbitrary

The objective of the board is to protect the infrastructure of the property, which is why Zimmerman says things such as drilling through a wall and removing sound insulation can be a concern.

“If you’re going to be using a significant amount of electricity, does that suck the power from other buildings in the complex? That’s also a concern,” he says. “Are you going to alter the look of the roof or the façade? That’s a concern.”

When it comes to setting the rules the board can create an alteration policy with the minimum standards required for a project and an alteration agreement that all the residents must sign and agree to. That way they can be sure to be kept in the loop.

“I think you’re going to find that the boards are going to take a role which says if you’re going to be doing work in a unit, we want to know about it; and depending on what it is, they’re going to set up a form and say you’ll apply for permission,” says Perkins.

“Sometimes a board will say, ‘you don’t need our approval’; they’ll just tell you what they require,” notes attorney Janet Oulousian Aronson, a partner in the Braintree, Massachusetts law firm of Marcus, Errico, Emmer and Brooks. While the condo documents will dictate what’s allowed, or what requires approval, she cautions, “don’t rely on your own interpretation of the documents.” The best—and most harmonious route—is to go through the board. 

Sometimes, she notes, documents have been amended—especially if the association has run into an issue repeatedly over time. An owner might not remember, or be aware of the changes, but the board will, and can avert a potential pitfall. “People should always check with their property manager or board to see what rules or policies are in place for interior repairs.  It’s good to find out first what the requirements may be.”

The Board’s Business?

Let’s say an owner wants to change his kitchen cabinets, or bathroom tile, and isn’t sure if he needs permission. The short answer is, “Ask,” says Aronson. The association may have rules, for example, that regulate flooring materials, to prevent noise problems between units. “I don’t think boards are trying to be difficult, but they’re trying to prevent issues down the road, things that can be detrimental to the association. The board has to protect the interests of the other owners.”

Perkins notes that anything involving the common elements of the building, from the utilities to common areas, should be approved by the board before any work begins. For example, replacing a toilet or a shower may not seem like a big deal—but if something goes wrong, it can result in damage to not only the system but the rest of the building. The same applies to any alterations involving the electrical system. If the work involves something that might need to be shut down, the board needs to know.

“If you’re going to go from carpet to hardwood the board might want to be involved due to the noise factor but then you’ve got to be inquisitive and query what the documents say because there’s some things you can regulate in a unit and some things you can’t. The rule of thumb is that boards aren’t concerned with cosmetics, so they aren’t concerned with painting or replacing the cabinets, but they would care about appliances and how it would affect the utilities,” says Perkins.

Making a Decision

Specific rules for every type of alteration usually exist, such as plumbing, window replacement, or electrical work. When reaching out for permission, it’s important that boards describe the alteration standards thoroughly to residents, including the requirements for licensed and insured contractors.

For example, here is a passage from the Rhode Island Condo Act that defines what alterations are allowed, and what are not.  Under § 34-36.1-2.11. Alterations of units it reads: “Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his or her unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; (2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association; (3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries,” the statute reads. 

“We had one situation where an owner hired a person to sand and refinish hardwood floors, and in the sanding process, they caused a fire,” Aronson says. “The contractor was not insured, and the building burned substantially.” To make matters worse, although the association was insured, it did not have special code upgrade insurance for rebuilding to the current building standards, leaving a coverage gap. There was little that could be gained financially by pursuing action against the uninsured contractor or the unit owner. “The association was left holding the bag,” she says. “Liability is one thing; but collecting on it is another.”

A board has the right to turn down a resident’s request for alterations or repairs on the grounds of any legitimate interest of the association. Common reasons include violation of the alteration agreement, inconsistency with house rules or work not aesthetically consistent with the building or the homeowner’s association. 

“The board’s decision to reject an alteration will be balanced by the provisions in the statute.  For instance, if a unit owner wants to increase the size of his deck in Massachusetts, he would likely require the permission of the adjoining owners and the board, which could be refused at the discretion of the board or the unit owner’s sole discretion,” says Perkins, “The interior renovations may be on a different footing depending on the condominium documents.”

And there can be consequences to not following the rules. “If the owners don’t get approval, when they should, they could be subject to fines—or worse,” says Aronson. She recalls a building in which hardwood floors were not allowed, due to noise considerations. An owner who didn’t pay attention to that restriction ended up having to remove the hardwood and restore the carpeting, at considerable expense. 

In another recent case, an owner “went ahead and changed a major structural beam” without discussing his plans with the board. The work, she says, “compromised the building. It’s going to be an expensive fix, and the owner will be responsible.” The cost of that failure to get approval may include hiring an engineer, restoring the building to its original status, and attorneys’ fees.

Time Matters

Finally, when the time comes to actually begin work, more rules may kick in. Each board has their own rules. Rules of notification of neighbors, shutting down water/gas/electricity or blocking the common areas are also very important parts of the procedure. Some buildings only allow two alterations at one time. Some boards only allow work in the summer.

When contractors are coming into a building, besides a proper notification of the residents, arrangements in accordance with the rules must usually be made at least 48 hours in advance to reserve the service elevator or using public other areas. 

A lot of alteration agreements stipulate the exact days jobs can be done and it’s a board position to prevent a three-month project from extending to a six-month project. “It reflects quality of life and compels people to have a sense of urgency to get their projects done,” Zimmerman says. “It’s important to set the standards for qualified contractors.”

Traditionally, work may only be scheduled Monday through Friday between the hours of 9 a.m. and 5 p.m., with no work allowed on weekends or holidays, unless there is a state of emergency or extreme necessity.  “Time for tenant quiet enjoyment has to be respected,” Zimmerman says. “Sometimes, they allow quiet work to be done on Saturdays, like painting.”

“Vertical construction can change the operations of the building. Construction can impact maintenance, garbage, housekeeping operations, deliveries, etc.,” Zimmerman says. “The review process is at least a couple of months in advance of actual construction. Boards need time to review and put it in the queue with other renovations that have been scheduled.” 

From the board’s perspective, they have a building to run, while to residents, it can be the most important thing in their lives. When all is considered in advance, it minimizes last minute panic and stress for the owner and board alike.

Keith Loria is a freelance writer and a frequent contributor to New England Condominium. Associate Editor Pat Gale contributed to this report.