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ChungC (Washington)
Posts: 2
Posted:
I live in a HOA community with 12 houses. Recently, one of a homeowner suggested that we should remove all the cottonwood trees (about 50 to 60 trees)located in the greenbelt area which belongs to the HOA community, stating that it might fall when windstorm comes. The other 3-4 homeowner, which houses are located near the greenbelt, also like the idea since all their houses are next to those trees as well. So the HOA consult an arborist, and came up with the idea of doing a VMP(vegetation management plan) project, in which it will replace all the existing cottonwood trees with other evergreen or shrubs in the next 10 years, hopefully will prevent trees from falling during windstorms.

The HOA only have ~$2000 in the account which they pretty much expect everyone to just pay their shares for the VMP project. My guess is the project will cost at least $10,000 per homeowner. Out of the 12 houses, seems like I'm the only one against the project. The others seems like don't want to look bad in front of their neighbors or something. They are having meeting this week and they seems pretty confident getting 7 votes on the project. One homeowner even said if the trees do fall on their house and her insurance is not going to cover it(don't understand why it won't cover), she will sue the HOA for her lost. I have not agree to anything or sign an paperwork nor have I receive any report or paperwork regarding on the project. The HOA CC&R only mention I have to pay my dues, nothing about it said I have to pay more when there's a project. My question is can HOA carry out this big project even if they don't have the funds for it? can they force me to pay the $10,000 (if not more) if they got the 7 votes on this project?

ADD: This HOA was formed when the neighborhood was first built 12 years ago, back then there was only 10 houses, so the original HOA contract stated need 7 vote out of the 10 house to pass a vote, but it fail to mention anything about money and responsiblities. I heard from one of the neighors that A lot of changed has been made to the HOA contract since the day it was form. But i have never recieve any notes or update regarding any issue in the past 12 years.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ChungC on 11/22/2010 7:46 PM

My question is can HOA carry out this big project even if they don't have the funds for it?

Typically (and especially if the Association is incorporated), the Association is considered a legal entity and as such may do the same things an individual may do. This includes taking out loans, buying and selling property, starting and responding to legal actions, etc..

Therefore, as long as they follow what ever procedures may be specified within your governing documents, the Association can probably do this.

Quote:
Posted By ChungC on 11/22/2010 7:46 PM

can they force me to pay the $10,000 (if not more) if they got the 7 votes on this project?

Providing that the Association follows any established procedures for raising assessments or creating a special assessment, the answer would be yes. Since you mentioned the need for votes, I expect that this is what the meeting is for. In a democracy, the majority vote wins.

Quote:
Posted By ChungC on 11/22/2010 7:46 PM

I heard from one of the neighors that A lot of changed has been made to the HOA contract since the day it was form. But i have never recieve any notes or update regarding any issue in the past 12 years.

You should contact the Board and request to view the governing documents and/or receive a copy of them. It is probable that a fee may be charged for copies.

Tim

SusanW1 (Michigan)
Posts: 5,202
Posted:
I would want another opinion on the trees.

Perhaps just some of them should come down and the others thinned out.
JonD1
Posts: 2,350
Posted:
Where or how have you "guessed" this would cost each owner $10,000.00?

That being a total of at least $120,000 from your information.

I would get some real numbers before you decide what should be done and why.

And one question if these trees were next to your home would you feel the same way? And then you would be willing to pay for their removal and the other owners need not pay any amount?

MaryA1 (Arizona)
Posts: 388
Posted:
Chung,

When you purchased your home you agreed to all of the provisions of the covenants (CCRs), whether you signed off on them or not. One provision is to pay your assessments, including any special assessments that are passed by the members. I would suggest you thoroughly read your CCRs to determine if this project can be undertaken by the board without a vote of the membes. If a vote of the members is required the % of votes needed to pass the motion will also be stated. A requirement of 7 votes out of 12 members equates to 59% which is a very unusual % requirement, but 7 votes out of 10 members means 70% which sounds more plausible. Check the CCRs for the % of votes required not the actual number of votes. Oftentimes the BOD must obtain a vote of the members to spend a certain amount of money; look to see if that is also stated in your CCRs.

It's hard to make a fair decision if you don't know what the CCRs say. Read them and know what the member's rights are and what the BOD's authority and the proper procedure is.
ChungC (Washington)
Posts: 2
Posted:
Thank you for all your quick and helpful responses. I tried to talk them out of the VMP project because I do not see it necessary to cut all the trees. I suggest to cut only deceased trees that the arborist stated. Somehow the arborist persuade them to do a VMP project instead, maybe he will make more money out of it. The homeowners who wants the trees down loves the idea since it definitly benefit their properties in any ways by just spending 1/12 of the cost. At this moment I still do not know the cost of the whole project nor anyone mention it. Either they are hidding the cost to get some vote in, or just don't even have a clue and pay as the project goes along. As for the voting, 7 votes is based on 10 housing but we got 12 houses now. So they are using the out-update CC&R as their advantage to pass the project. Very stress right now. Are there any laws that stated HOA need a certain percentage of vote to pass? maybe I can make a point to turn the table around.

Chung
P.S.Guess I need to get ready to sale and move out.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
yep .. sell and run

welcome to a true democracy ... J. Q. Adam's nightmare come true
TimB4 (Tennessee)
Posts: 21,059
Posted:
Chung,

The only percentages for any special assessment would be contained in your governing documents.

You mentioned that they need 7 out of 10 votes. You could argue that the 7 out of 10 implies a 70% requirement (thereby requiring 8 out of 10), but if the Board disagrees with that interpretation the only way to challenge it would be to take them to court. That would cost even more money, time and energy with only a 50/50 chance of wining

Without seeing the wording on your documents, it's difficult to offer better advise.

Tim
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Those numbers are not far off. Around here $2,000 is reasonable for a large tree removal and were talking about 60 trees. That is $120,000. Not including the cost of the new trees and planting.

Get a second opinion.

If you only have $2,000 in the HOA account, you dont have allot of options.
MaryA1 (Arizona)
Posts: 388
Posted:
Chung,

I doubt that your CCRs state 7 votes are required, normally a % of votes is indicated. If you could post the exact wording in your CCRs it would be very helpful in determining exactly how many votes are required to approve this project.

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