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A U G U S T , 2 0 1 6

and structural members resulting in rot

and mold growth.

After “connecting the dots”, the

association’s experts should carefully

determine how much it will cost the

association to fix the various physical

and financial defects. This “cost to

cure” report provides the board with

a basis for prioritizing the deficiencies

and evaluating how much the asso-

ciation should spend on attempting

to compel the sponsor and others to

remedy particular deficiencies.

Without reputable experts solidly

connecting the dots and determining

the cost to cure, the association has

little prospect of transition success.

Assuming the experts connect the

dots and accurately estimate the cost

to cure, the board, its experts and

counsel must finally evaluate the prob-

ability of recovery. Is there an indi-

vidual or entity that has the resources

to cure the deficiencies or pay the

association so that it may cure the

deficiencies. Is it the sponsor? Is it

the sub-contractors? Is it one or more

insurance companies? Typically tran-

sition is resolved with contributions by

all of these but, if there is little or no

prospect of recovery, the association

should carefully consider other options

such as self-funding repairs, obtain-

ing a bank loan to fund repairs or

phasing repairs over time while using

“Band-Aid” fixes in the meantime.

Communicate.

Many boards

are reluctant to communicate expert

findings to the membership. This is

a mistake. Everyone hopes that the

transition process will be smooth and

TRANSITION...

from page 15.

CONT I NU E S ON PAGE 18