Condo Association Update
Update 12.20.2024 from Julie Staggers, President
Maintenance and Ongoing Repairs
The gutter system and down spouts on all buildings were poorly installed. On the southwest side of building 3052, the downspouts were crushed when the planter and sidewalk were installed. As a result, water has never drained into the parking lot as designed, but has drained along the building foundation. The very dry weather this year followed by the hurricane rain made this problem worse, but this problem has been present from the time that the building was constructed. The southwest corner of building 3052 has sunk, and large cracks have developed on the south and western sides of the building. In some area the building has separated from the windows. Cracking is occuring on the inside of the correspondng units. Ruckman Engineering inspected the buildings and has generated a report for the correction of this problem and the other drainage problems. The entire report is available for viewing at 3052#100 during normal business hours and by appointment at other times. The drainage/downspouts/gutters problems have been corrected on all buildings. Every building had water draining towards the foundation or pooling around the foundation in some areas. Poor soil compaction, use of incorrect building foundation soil and inadequate or poorly installed drainage systems has been a problem with other complexes in Winchester that were also built by our developer. After the drainage problem was corrected, the south west corner of building 3052 continued to shift and additional cracks opened up. This meant that something else other than drainage was contributing to the problem. The southwest corner of building 3052 was excavated and inspected. Soil tests showed that the foundation soil is a adequate and is not a contributing factor. Inspection of the concrete foundation slab showed that it has cracked and shifted as a result of poor drainage and possibly due to inadequate concrete strength. The foundation slab extends out from the building wall an unusally far amount. Ruckman Engineering is speculating that the outer wall of Building 3052 is not centered on the foundation slab. An exploration hole will need to be drilled to determine whether or not the building wall is actually on and/or supported by the foundation slab. As recommended by Ruckman Engineering, the southwest corner of Building 3052 will need to have concrete poured under the foundation is several areas to stabilized the building. This will involve excavation and the pouring of concrete sections over several days and perhaps weeks. The poured concrete will have to be tested to make sure that it has adequate strength to support the building. The building will need additional supports to be placed during this process. Once the building is stabilized, the cracks will need to be repaired. What type of repair will be based on the size and location of the crack. Some cracks will likely be repaired with injection of mortar. There are large cracks around the windows on the second floor that are at least 1" wide. Ruckman Engineering will need to evaluate these cracks and make repair recommendations once the building is stable. Bids were taken for the excavation, and Jennings Construction was selected. The cost just for the excavation was $6675.00. Correction of this entire problem will be a major expense. We will need to pay for Engineerring costs, materials, construction cost, concrete testing and likely other stuff as project progresses. At this time, it is not possible to determine an estimate of the final cost since we do not know exactly the extent of the problem. One owner is not paying his dues, and this represent a sizable portion of our yearly budget. The Condo Association is taking action to collect these dues. A special assessment sometime in 2025 assesment may be necessary to cover the costs of this project. If you have questions about this project, please contact me at 540-722-6700.
Here is the report from our the supervising engineer, who is coordinating the repairs with Ruckman Engineering and CS Jennings Consturction. David Worthington is a Professional Engineer with a degree in Civil Engineering from Virginia Tech. He has 40 years of construction engineering experience with the US Army Corp of Engineers.
Dr Staggers: cracks in the masonry wall at the southwest corner of Building 3052 were observed in August 2024. These cracks were observed over time and they became larger and more numerous. Accordingly, I contacted Ruckman Engineering, the engineering firm who inspected the facilities before, and discussed the matter with Donald E Floyd III, PE-the engineer who performed the previous inspections. He agreed to conduct a joint inspection of the cracks and Building 3052 in general.
On 4 September 2024 Mr. Floyd came to the site and inspected the cracks. We found that the cracking began in the brick veneer, southwest corner, at the roof level and continued down to the second floor window. The window had become completely separated from the masonry. However, an inspection of the window found that it was still intact and secure. The cracks were observed to continue down the wall, stopping at some points, and continuing above and below the first floor window. The cracking appeared to extend through both mortar joints and brick. The cracks were below the second floor window was 1/2" to 5/8" in width, and tapers to a hairline crack. The cracking above the first floor window is 1/2" in width and also tapers t a hairline. Finally, the cracking below the first floor window is approximately 1/4" and steps down to a 1/16" crack. Please see Mr Floyd III, PE report for more detailed information.
There was some additional cracking on the adjacent west wall, although this was smaller in size and length.
Using a 4 foot level we determined that the wall was plumb in the horizontal and that it was shifting slightly to the west.
No other cracking in the brick veneer was observed.
During the inspection we noticed that the roof downspout in the southwest corner did not drain into the existing pipe, but rather drained around it. It was apparent from this connection that water was draining into the foundation as the mulch and ground had settled and there was discoloration of the brick veneer. At the southeast corner we found that the downspout was disconnected from the drain pipe and that some settlement of the mulch and ground had occurred at this area-albeit at not the same level as the southwest corner.
On 25 September 2024, Mr. Floyd III, PE submitted his engineering report. In it he described in detail the cracks observed, the drainage issued and provided this conclusion:
"It is our professional opinion that the movement and cracking in the brick veneer is most likely due to differential settlement, due to saturated soils at the southwest corner." These saturated soils are a result of the improper drainage construction that allowed water to penetrate the foundation area. "Saturated soils generally result in decreased soil bearing capacities which is likely causing differental settlement to occur". "The widening of the cracks at their top and the step cracking are also indicative of settlement related movement.
It was Mr. Floyd's recommendation that the downspouts on the south wall of Building 3052 be addressed to ensure that water is discharged away from the foundation system. he also recommended that the cracks be monitored to determine if they were worsening and required immediate action. Finally, he recommended that the foundation be excavated at the southwest corner to determine the existing soil bearig conditions and determine if underpinning of the existing wall with concrete s required.
Based on this report the Opequon Center Condominium Association hired TR Home Improvements to correct the drainage issues noted. This was accomplished the following week, with the downspout connection corrected and new drainage pipe, encased in gravel, connected to the under sidewalk drain extension. It is noted that the under sidewalk drain extension under at the southeast corner is partially crushed and reduces the water flow. This will have to repaired in the near future.
After this corrective action the cracks were observed. Despite the repairs, the cracks continued, both in length and width. At tis point contractors were contacted to remove the soil at the southwest corner of Building 3052 to the foundation for observance by myself and Mr Floyd III PE and subsequent backfill. As the foundation soil condition is unknown, underpinning was not addressed at this time. Two firms responded: Kee Construction Services and CS Jennings Construction Inc. CJ Jennings inspected the site on 17 October and Kee Construction on 22 October 2024. Jennings submitted their proposal on 17 October 2024 and Kee submitted theirs on 7 November 2024.
I reviewed both proposals and generated a list of questions on 8 and 10 November 2024. CJ Jennings responded on 11 November 2024 with a revised proposal and responses to my questions. Kee Construction responded on 13 November 2024. CJ Jennings response was acceptable as it resolved all my questions and re-confirmed their price-albeit with one caveat. That they can include safety barrels and safety fencing for an additional cost of $300., items that are needed for safety of the site. Their cost without these needed features is $6,375.00, so should CJ Jennings proposal be accepted the cost will be $6,675.00. The cost includes unit pricing for removal of encountered unsuitable soils and their replacement with compactible shale. These costs are $175/load for removal and $150/load for replacement and was provided at my request in case this situation occurs. CJ Jennings stated that it would take one day to excavate the area and one day to backfill. Their work days are 7:00 AM to 3:30 PM, Monday through Friday.
Kee Construction's proposal response was unclear as they included downspout repairs as part of their proposal. I advised Kee Construction that this work was not part of the scope and requested its removal. Kee Construction replied on 14 November that the removal of the downspout work decreased their proposal by $3-400. As this response was unclear I asked them to clarify. On 15 November it was finally clarified that the downspout removal would result in a $300 to $400 reduction in their price and that their overall price was around $11,000. Their proposal was otherwise acceptable, as their responses resolved my questions, and their cost for removal and replacement of unsuitable material was $250/load. Kee Construction noted that it would take one week to accomplish the task, weather permitting.
Given that CJ Jennings proposal resolved my concerns and questions, is able to perform the work in two days vs Kee's week, and has a substantially lower price of $6,675.00 vs Kee's approximately $11,000, it is my recommendation to the Opequon Center Condominium Association that we enter into a contract with CJ Jennings. Given that the cracks are continuing it is requested that this decision be made expeditiously so that we can mitigate and additional damage and get the cracks repairs/filled before winter.
I can be reached at 540-722-2100 should you have any questions,
Sincerely,
David L. Worthington, PE
Other repair work and complex maintenance is being addressed in based on funds available and work availablity. The reality of our post-pandemic world is that very few people are are willing to do manual labor. Those that do, have a long waiting list of jobs. This means that we must wait for someone to do the work, the work is likely not as good as would have been done before the pandemic, and we will have to pay more for the work than we would have before the pandemic. Please be reasonable with the delay in repairs. I can not magically make a repairman appear and do the work. Almost NEVER does a hired contractor show up on the day that he agreed to and do the work needed in the agreed amount of time.
Management
I have managed the Opequon Center Condo Association for 17 years, and there has never been a change in the salary of $350 per month. For the past three years, the amount of time and effort to manage our complex has increased significantly. The number and scope of repairs has greatly increased, and many of these repairs need to take place during the evening, early morning or on weekends. Also, 19% of our complex (3 units) is owned by an individual that has never paid his dues in a timely manner, nor has he had his units in compliance with the fire alarm reguations. The collection proceedings and legal proceedings to enforce the fire alarm regulations have comsummed a significant amount of my time. The Condo Association's legal actions has now achieved compliance with the fire alarm regulations and has collected dues from before 2024. However, collecting 2024 dues are still requiring legal action. It is likely that collections proceedings will be necessary for every dues cycle. For these reasons, I am not will to continue to manage the Condo Association for $350 per month. I am proposing a raise to $500 per month. If any owner objects to this raise, please contact me at 540-722-6700.
Dues and Fire Alarm Information
The January 2025 dues statements and fire alarm information forms have been mailed. Payment and fire alarm information are due by 1/31/2025. If you can not pay the entire amount of dues, please contact the Condo Association to make arrangements for a payment plan. There is a $250 fine each for late dues and late fire alarm information that will be posted on 2/1/2025.
Snow Removal
When snow/ice is predicted or is falling, information regarding snow removal is posted on the snow removal page.
Renters
Renters are not part of the Condo Association. I will address reasonable concerns from reasonable renters. However, I am not the manager of rental units, nor renters. Every renter receives a copy of the Opequon Center regulations when they move in. These regulations clearly address the issue of signage and other regulations that may apply to renters. Renters should be aware of these regulastions BEFORE purchasing signage and before attempting to alter the outside of the buildings and parking lots. Owners are responsible for making sure that their renters are in compliance with the Opequon Center regulations. If there is a renter problem, I will contact the unit owner. It is then the owner's responsibility to take corrective actions. Please do not expect me to deal with unreasonable renters.
Garbage
Republic garbage has instituted a new policy. The garbage trucks have a camera mounted on them that photographs each dumpster each time. If the dumpster lid is not in contact with the top of dumpster, Republic Garbage automatically charges a $117.50 overage fee. The driver does not have anything to do with the charge. The AI software at Republic Garbage reviews the photo, and then charges us automatically. We have been charged the overage fees several times this year. This policy could significantly increase our garbage bill. Please do not overfill this dumpsters. There are 3 dumpsters on the property. If your favorite dumpster is full, please use another dumpster. I have increased the size of the northeast dumpster so that there is more garbage space and less chance for overage charges. Garbage removal is one of the biggest expense for the Condo Association. Thank you for helping keep our expenses down!
Please do not damage the dumpster doors while trying to get in without the lock combination. The dumpsters are for garbage that is produced in the offices of Opequon Center. Owners, renters and employees are NOT permitted to bring garbage from their homes or anywhere else and dispose of it in the dumpsters owned by Opequon Center. Our security cameras have recorded vehicles bring outside garbage to the complex and dumping it in Opequon Center dumpsters. Owner will be charged for disposal of personal garbage. Locks are frequently destroyed or stolen. Every year, the locks are replaced several times due to damage and /or theft. The locks are expensive. Owner/renters will be finded for not placing garbage in the dumpster. Please do not throw garbage over the door onto the bin because you don't want to open the lock. Please do not pile garbage on top of a full bin. If the bin is full, please take your garbage to another dumpster. The garbage company will NOT pick up garbage outside of the dumpster. The garbage company charges extra if the bin is too full. It is very expensive to hire someone to clean the dumpster areas. Please be aware the dumpsters have designated security cameras that can see in the dark and can identify license plated numbers and individuals. Illegal dumping is a crime. Please help the Condo Association save money and time by properly disposing of your garbage and not damaging the locks.
Roof Repair Last Year
The Opequon Center Condo Association has replaced the roof on building 3050. Here is what was found during the roof replacement.
1. The roof plywood was rotted above unit 102, 105 and 106. This is the cause of leaking in unit 102 and the soffet of unit 106.
2. None of the penetrations of the roof (vent, heating vent pipes, etc.) had ice an water shield installed around them as they should have. This is the cause of numerous leaks in various units in the past.
3. All of the penetrations of the roof (vent, heating vent pipes, etc.) were flashed over shingles rather than under the shingles as they should have been. This is the cause numerous leaks in various units in the past.
4. None of the valleys where the shingles meet the metal dormers had ice and water shield installed as they should have. This is the cause of numerous leaks in various units in the past.
5. Multiple roofing companies were involved in the initial roof installation on building 3050. This meant that no one company assumed responsiblity for proper installation. This is the cause of the roof problems in Building 3050.
6. Cheap shingles were used on the roof, and they were not nailed in the correct place. Each shingle should be nailed in 6 places. Most shingle that were on the roof only had 1 to 3 nails in them. The shingles were dry rotted because they were of POOR quality.
7. Any or all of the above problems are present on Building 3042 and some of the problems (the flashing problem) are also present on 3052, 3046 and 3038. The roof on building 3042 will need to be replaced in the near future.
8. The Condo Association is taking care of the needed roof repairs. However, all unit owners/renters should insure the contents of their units for water damage caused by a leaking roof. The Condo Association's insurance policy does NOT cover the contents of any condo unit. Please keep in mind that any roof, in any building, anywhere has the potential to leak regardless of how it is constructed. Adequate insurance coverage is important for all unit owners/renters.
The installation of the roof on building 3050 was entirely supervised by a licensed, Professional Engineer.
Continuing Roof Leak Issue
Roof leaks continue in buildings 3042 and 3052 that have flashing problems and in all building that have the dormer vents. When rain blows sideways, water enters through the louvers on the dormer vents. If we close up the louvers, there is no venting of the roof (That would be a problem). Rain blowing sideways has been common this year, but not so much in other years. There is no good solution at the present time since this is a design flaw that is present on all buildings. Theses types of roof leaks have nothing to do with the shingles.
Water Consumption
Water consumption continues to increase due to most units being occupied.
Condo Insurance
The condo insurance increased from $18,533.00 in 2021 to $20,584.00 for 2022 due increased cost of building replacement. Insurance information has been distributed to renters/owners. The Condo Association's insurance policy is for the Condo Association's property, not for owners of units or renters. No owners/banks/morgage companies will be the beneficiary of the Condo Association's Insurance policy. Please do not attempt to have your morgage company added to the Condo Association' s policy since Farmers Insurance has been notified not to allow this. Insurance information has been distributed to all owners and renters at Opequon Center so that confusion as to what is or what is not covered by the Condo Association's policy is clear. Please review the Insurance page of this web site so that you may be adequately covered.
Fire Alarm:
Maintaining monitored fire alarms is important to the entire complex and is required by the Condo Bylaws. This continues to be a problem. Some owners do not return their fire alarm information on time. Some owner pay for one month of fire alarm monitoring, sign the alarm verification form and then cancel the alarm monitoring for the rest of the year. Previously, one owner NEVER had a fire alarm system, and he lied about it for YEARS. A few owners had burgular alarms, but not fire alarms, and they were not aware that they did not have fire alarm monitoring until I verified their alarm. Because there has been so much deception about fire alarm monitoring, every owner must submit alarm monitoring information EVERY January and July of EVERY year, even if your alarm information is unchanged. I will verified the fire alarm monitoring for all owners. If you do not use Anderson Control or BK monitoring, you must provide proof of fire alarm directly from your alarm company. You may have your alarm company mail proof to the Condo Association or you must authorize your alarm company to release the information to the Condo Association over the phone. All owner are responsible for making sure that their alarm can be verified by the Condo Association. Fire safety is everyone's responsibility. I have seen many instances of fire hazards around our complex, as listed below.
1. Renters/Owners/Employees improperly disposing of cigarette butts. (This has caused two mulch fires in our complex).
2. Renters playing with combustible materials and fireworks (This caused a grass fire on the propery of the adjacent apartments).
3. Unattended candles left burning.
4. Unattended Christmas lights left on for days in closed offices. This is a problem that continues after holidays.
5. Grease and oil left on the outside sidewalks.
6. Lighted open signs left on all the time.
I will verify the alarm monitoring for all units and will fine owners $250 if I am unable to verify active alarm monitoring. Please provide accurate, easily verifiable information so that no one needs to be fined. Thank you!
Understand Your Fire Liability and Insurance
The Condo Association's Insurance policy covers fire damage to the buildings from the wall studs outward. It does not cover any damage done to the inside of the of the units, nor to the content of any unit. The Condo Association's insurance policy DOES NOT cover liability for fires that start inside a condo unit. Owners/renters should have insurance that covers their condo unit from the studs inward (business equipment, supplies, build out as well as liability). Fire can spread quickly from one unit to another since there is no fire wall in the roof. If your unit is not insured, the Condo Association's insurnace company and other owners can hold you personally liable for damages incurred by a fire that started in your unit as well as loss of their business income. If you rent your unit, make sure that either you or your renters have insurance on the unit. A copy of the Condo Association's insurance policy may be downloaded directly from the web site.
Bylaws and Regulations:
Copies of the bylaws and regulations may be directly downloaded from the web site. If you rent or are planning to rent your unit, please provide your renters with a copy of the bylaws and regulations before they move in, especially the sign regulation. This will prevent renters from being upset about the sign regulations. The Condo Association will enforce the sign regulations. Temporary signs are not allowed by the City any where along Valley Ave. for any reason. Real estate signs are allowed. Please make sure that your renters are aware of this before they purchase signs that are not allowed to post. The City, as well as the Condo Association, has the right to remove temporary signs without notice.
Common Areas:
The common areas of the Opequon Center are not owned by renters or owners, they are owned by the Condo Association. Owners/renters cannot alter the outside of buildings, the parking lot, the sidewalks or the landscaping without permission from the Condo Association. Please do not alter the Condo Association's property without permission as this just makes extra work for me. Any digging on the Opequon Center Common Areas for utility installation must be approved by the Condo Association in advance of digging. Unauthorized digging is tresspassing and will be dealt with accordingly.
Parking on the Yellow Lines:
Parking on the yellow lines is dangerous and is not permitted by the Condo Association. Please be aware that if an accident occurs due to parking on the yellow lines, the owner/renter is liable for the damages, not the Condo Association.
Unauthorized Use Of The Parking Lot
The parking lot of Opequon Center is private property of The Opequon Center Condo Association. The parking lot is for business use by owners, renters and customers. It is not a place for non-business meetings, nor a place to repair cars or do oil changes. Car washing using Opequon Center's water is not permintted. The Opequon Center Parking lot is NOT a long-term place to store your personal vehicle or recreational vehicle. Renters from the adjacent Brookside Apartments are not permintted to park, repair or store their vehicles in the parking lot of Opequon Center. Please report unauthorized use of the parking lot.
For Owners Who Rent Their Unit:
Owners who rent their units are responsible/liable for the actions of their renters even if the owner is not part of the business. I can convey information to renters on behalf of the Condo Association, but I have no authority to force renters to do or not do anything. Owners should make sure that their renters follow the Condo Association regulations and do not engage in dangerous or negligent behaviors.
Repairs: The status of repairs at Opequon Center can be checked by clicking the Repair-Maintenance tab on the main menu of the web site.
Please Remember:
Purchasing a unit in Opequon Center means that each owner has agreed to abide by the Condo Association document and any future changes to that document, even if you do not personally agree with its policy. The Condo Association document is a legally binding document, and failure to comply with its contents can have legal consequences.
Thank you for the opportunity to serve as your president.
Questions, Comment or Requests
Julie Staggers 540-722-6700 or This email address is being protected from spambots. You need JavaScript enabled to view it.