Nowadays, It is very common to have an owner decide to perform renovations to his /her home or premises within a resident community.
Housing renovations leads to an increase in relationships between the owner leading the renovations and the community, in most cases, represented by a property manager.
In most cases and during the execution of works, the use of common areas of the building is normal, which increases the risk of damages and incidents in some areas within the community which results in the property manager initiating a process to claim damages against the owner leading the renovations.
In most instances, the veracity or scope of the incident is clearly defined, where both parties are able to reach a verbal agreement, to carry out repairs to the damage.
In other somewhat less frequent occasions, we have found properties that due to its normal use and current state it is not exactly impeccable, and thus numerous damages appear due to normal use of its resident community.
How to determine and identify what damages have been caused by the company of renovation or those that are already existing on the property?
Well, by certifying videos and photographs. In doing so, we anticipate the problem by making it a powerful tool, which will allow in most cases avoid conflicts between both parties.
We can certify it on a specific date, the state that the community is in upon the beginning of works. This makes it a very important tool both for the owner performing the renovation, and for the community or property manager, to leave a record between both parties regarding the initial state of the situation.
In doing so, we will avoid misunderstandings, unpleasant situations and conflicts that, in most cases, blur the relationship between neighbors, company, and property manager.
There are several perspectives, depending on who wants to be protected.
If it is the owner / company performing the works, whomever decides to certify the state of the community, must record the damages that the property already has, so that the community, cannot be held responsible for the already existing defects.
Otherwise, if it is the community or property managers, who want to protect themselves from possible incidents or damages, they must record that all items are in good conditions.
These photos must be certified on the start date of the works, and submit a copy to all the intervening parties, owner, reform company, property manager, neighbors and president, which makes it an important and effective deterrent.
In doing so and in most cases, we minimize misunderstandings, bad faith and in some way help determine the responsibility for the damages.
Once the works have been completed, it is convenient for the community or property manager, to make a final certified photographic report, of those elements that have been damaged so that we can have a legal tool to carry out the corresponding claims to the owner or renovation company.
This final report, in the event of not being able to resolve the conflict amicably and decide to go to litigation, will also allow one to be defended with videos and photos that have a certified legal relevance, minimizing the uncertainty of evidence presented by the parties.
In addition, the property manager benefits as well since all the conflict management and the corresponding procedures are minimized, such as notifications, sending faxes, meetings between parties, resolving conflicts, managing expert reports, lawyers, calls, etc.
Conclusions: Certifying photos and videos of the common areas of a building, at the beginning and end of works, and sharing it with all parties, can effectively resolve all of those cases that generate unpleasant situations that may affect the harmony in the coexistence of a community of neighbors, during renovation process.
We will anticipate the problem, and in most cases we will avoid it. If they reappear, it will allow us to effectively manage and resolve the conflict, which makes it beneficial for all.
Table of advantages for the parties
Part |
Specific Advantage |
Common Advantage to all |
Owner | It reduces conflicts with your neighbors, president, property manager and the company, and the uncertainty of existing damages | In the event of litigation, it considerably reduces the uncertainty of evidence, due to the legal relevance of the certification. |
Renovation company | It minimizes conflicts with the owner, the property manager and other neighbors and the uncertainty of existing damage. | |
Neighbors | They feel involved, protected and are aware of the state of their common areas. | |
President of the comunnity | Minimizes calls and meetings about alleged damages and incidents and reduces interaction with the renovation company and the property manager. | |
Property manager | Minimizes calls and meetings about alleged damages and incidents and reduces interaction with the reform company and the president. |
Mario Scalabrino
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