HeatherB4 (Florida)
Posts: 51
Posts: 51
Posted:
I am new to this HOA, we moved in our house in May. WHAT A CLUSTER THIS HOA IS….
These are the facts…
A group of 5-7 people basically in control of the whole HOA matters. They are lead by the Manager of the management company, John. John is lazy and does not like to work. Therefore he advises the Board what to do so that nothing gets done.
In late 2007, the company that built all the houses in the community went bankrupt. Their was a Bond taken out for the finial lift on the roads after the construction was complete prior to even starting the neighborhood. When the home builder went bust, their were still 25% of the community still left to build. The receivership decided to go ahead and hand over the HOA to the homeowners and during that time the receivership for the bankruptcy court was misdirected to the wrong community to check to see if the city could release the bond for the roads. The roads in the other community were done, so he said there is no need for the city to hold on to the bond. The person that was to oversee this matter was trusty old John. Fast forward 3 years to today, our roads needed the finial lift. Under the advisement of John, our HOA just took our a loan for well over $400,000 to cover the cost of the road. I am sure this was well within the HOA rights to do such a thing, but it was done very shady. Meetings to discuss the loan were held on different days than normal, but posted in a different spot. They wont let any homeowners see any loan paperwork until completed. Which I have to mention… the roads look horrible, also a contractor that John choose. The HOA decided to hire a engineering firm to make sure that the roads were up to par, again a firm John suggested. But, no one has seen the the report, and before the bank will release the loan they want to see the report. So, therefore the loan is not completed.
Our community is now complete, but about 35% of homeowners do not pay dues. They simply think they can get away with it, and they have. Also, this is an “upscale” community with very expensive homes, and half of the homes are not doing basic work to keep the homes looking good. The Board has said they just have not had the volunteers to report these violations. So, a few homeowners have volunteered their time to make up a “fining committee” including myself. The problem is they don’t pass information to us, and they take our reports and do NOTHING with them. Of course under the advisement of john, no less. Because more violation notices that have to be sent out, more work for him. I think the Board over looks this because John over looks other things going on… we had sod laid not to long ago for our common areas, and one our homeowners witnessed one of our board members homes getting sod from the same contractor, and the same pallet of sod from our common area. there is not any way to prove it, at this point its heresy, and I am sure she will say she paid cash. Other things like that have popped up, but again its heresy. Just very shady.
I have recently in the past two days sent a letter to the management company asking for a time to look at the financials. I sent it certified mail, and received the receipt requested. I called John today telling him I am going to be coming up there. He stated to me on the phone that he is sending me a letter telling me the time HE is available and I quote “ I will be telling the board and our lawyers about this request. There is no reason you have to come up here and dig through my stuff. Any thing you HAVE to know, can be answered over the phone.”
Here’s the question for you guys… Can I take my own scanner or copier to the management office to make my own copies, or do I have to pay for them through the management office. Also, where do I go from here?
I know, I know… Boot those guys out. Here’s the problem… our Board is in place because 25% of our HOA is vacant because of foreclosure. Every year when election come around, they say “not enough people to get a quorum, maybe next year.” We will never get a quorum. About 20 homeowners have asked to get a copy of the ballot to go door to door to get the proxy votes. Of course the BOD will not allow that. They have told us that any ballots not going through the management office or in person will not be counted. We have thought about getting a petition together, but again we have to have 2/3 agreement. That again will not happen because it’s a neighborhood with 325 lots. 25 % of lots are in foreclosure, that leaves us no wiggle room because the BOD is not going to sign that.
So, this comes to my next question. Homes in foreclosure not paying dues and homes not paying dues, will they have voting rights? Its says in our By-laws that its up to the BOD. Well if they are not keep on top of things to make sure dues are paid, and its up to them…. We are stuck.
The BOD is not doing their duty, plain and simple. Help!!!
These are the facts…
A group of 5-7 people basically in control of the whole HOA matters. They are lead by the Manager of the management company, John. John is lazy and does not like to work. Therefore he advises the Board what to do so that nothing gets done.
In late 2007, the company that built all the houses in the community went bankrupt. Their was a Bond taken out for the finial lift on the roads after the construction was complete prior to even starting the neighborhood. When the home builder went bust, their were still 25% of the community still left to build. The receivership decided to go ahead and hand over the HOA to the homeowners and during that time the receivership for the bankruptcy court was misdirected to the wrong community to check to see if the city could release the bond for the roads. The roads in the other community were done, so he said there is no need for the city to hold on to the bond. The person that was to oversee this matter was trusty old John. Fast forward 3 years to today, our roads needed the finial lift. Under the advisement of John, our HOA just took our a loan for well over $400,000 to cover the cost of the road. I am sure this was well within the HOA rights to do such a thing, but it was done very shady. Meetings to discuss the loan were held on different days than normal, but posted in a different spot. They wont let any homeowners see any loan paperwork until completed. Which I have to mention… the roads look horrible, also a contractor that John choose. The HOA decided to hire a engineering firm to make sure that the roads were up to par, again a firm John suggested. But, no one has seen the the report, and before the bank will release the loan they want to see the report. So, therefore the loan is not completed.
Our community is now complete, but about 35% of homeowners do not pay dues. They simply think they can get away with it, and they have. Also, this is an “upscale” community with very expensive homes, and half of the homes are not doing basic work to keep the homes looking good. The Board has said they just have not had the volunteers to report these violations. So, a few homeowners have volunteered their time to make up a “fining committee” including myself. The problem is they don’t pass information to us, and they take our reports and do NOTHING with them. Of course under the advisement of john, no less. Because more violation notices that have to be sent out, more work for him. I think the Board over looks this because John over looks other things going on… we had sod laid not to long ago for our common areas, and one our homeowners witnessed one of our board members homes getting sod from the same contractor, and the same pallet of sod from our common area. there is not any way to prove it, at this point its heresy, and I am sure she will say she paid cash. Other things like that have popped up, but again its heresy. Just very shady.
I have recently in the past two days sent a letter to the management company asking for a time to look at the financials. I sent it certified mail, and received the receipt requested. I called John today telling him I am going to be coming up there. He stated to me on the phone that he is sending me a letter telling me the time HE is available and I quote “ I will be telling the board and our lawyers about this request. There is no reason you have to come up here and dig through my stuff. Any thing you HAVE to know, can be answered over the phone.”
Here’s the question for you guys… Can I take my own scanner or copier to the management office to make my own copies, or do I have to pay for them through the management office. Also, where do I go from here?
I know, I know… Boot those guys out. Here’s the problem… our Board is in place because 25% of our HOA is vacant because of foreclosure. Every year when election come around, they say “not enough people to get a quorum, maybe next year.” We will never get a quorum. About 20 homeowners have asked to get a copy of the ballot to go door to door to get the proxy votes. Of course the BOD will not allow that. They have told us that any ballots not going through the management office or in person will not be counted. We have thought about getting a petition together, but again we have to have 2/3 agreement. That again will not happen because it’s a neighborhood with 325 lots. 25 % of lots are in foreclosure, that leaves us no wiggle room because the BOD is not going to sign that.
So, this comes to my next question. Homes in foreclosure not paying dues and homes not paying dues, will they have voting rights? Its says in our By-laws that its up to the BOD. Well if they are not keep on top of things to make sure dues are paid, and its up to them…. We are stuck.
The BOD is not doing their duty, plain and simple. Help!!!