Missing report. Manager hiding it?

Started by HeatherB4 • 13 replies • 1592 views

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HeatherB4 (Florida)
Posts: 51

Posted:

We just had the final lift installed in our community and the roads look so bad. Their is a huge back story to why the HOA had to pay for the final lift. However, many of the homeowners and some of the BOD wanted to get the final lift inspected.

At a monthly meeting, a motion pasted to hire an engineering firm to inspect the roads. It was understood at that meeting NO PAYMENT UNTIL THE REPORT CAME BACK.

One month later, at the next meeting, the manager said that he still has not gotten the report but the company has been out to look at the roads.

One month after that, payment of $250,000 is due for the roads and the contractors are asking for the money. The BOD makes a motion to release the funds. During this meeting, we were told no report has come in from the ompany we hired.

Last week at our monthly meeting; still no report, roads still look bad, and the HOA is still in the hole for $250,000

I contacted the Manager a few days ago, and he will not tell me what the HOA spent on the report. He also refuses to disclose the name of the firm hired to inspect the roads.

Where should I go with this? All of our BOD are not willing to even talk to HO, much less tell us this information. Who should I contact?

Many in the community have a feeling that the manager is hiding the report. I can't say that is true, becuase I have no proof. It all just seems fishy to me.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Heather,

Are you a member of the board or just a member of the Association?

Tim

HeatherB4 (Florida)
Posts: 51

Posted:

Not a BOD member.

At this time I am a homeowner. I am the chair of the Landscaping Committee, which really means nothing at this time. I am just concerned about the loan the HOA just took out, and the poor work that was preformed by the contactors for the road.

This is not the first thing to pop up with this. I think our manager is paying our BOD to keep their mouths shut about this. What I mean by paying the BOD members... He is over looking, and not not saying anything when things like... sod getting laid in a BOD members yard from the same pallet and the same day and the same company we hired to lay sod for our neighborhood. . Also, when the new devoploper came in after the first builder went bust, the BOD members got all new carpet laid, and 3 got there house repainted. Also, 3 others got new pools from the same contractor that installs pools for the homebuilder.

You might be asking why the builder would have "paid" these homeowers? Well, that's kinda simple... when the first homebuilder build houses here they ranged from 350k to 800k. After that comapny when bust, the lots left over, about 25 of them, where to be the "premire" lots. They are about 1/2 acre and they have very defined specs for those lots; 3 car garage, over 2500sq ft, floor plans that cost over 500k, and other small but very expensive details that are required for those lots. Its very plain in our BY-laws and ACB guildlines what these homes had to be. Well, low and behold, our premire lots now have 1500sqft homes and they sold at about 150k. The BOD COMPLETLY overloooked everything the new builder did or didnt do for that matter.

Everything they do is shady. I know your next comment is... get on the Board. Well, I have tried. They dont hold elections, becuase no one shows up. No one has ever stepped down. I have gotten on the landscaping committee. However, they don't want me to do anything... nothing!!! I am the chair, but they always say "nothing to note, we dont need a report from you."

A few HO and myself have tried to get the BOD over thrown but we cant. It requires a 2/3 vote of lots and 25% is in foreclosure, and they tell us we have to get 25%of the lots vote, not eligitble due paying homeowners.

At this point I am rambling, so I will stop.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Back to the roads . . .

What do you mean they "look bad"? WHAT looks bad?

If the board is not happy with the job, then they should have with-held payment.

Try to stay on topic, please.

HeatherB4 (Florida)
Posts: 51

Posted:

It does not matter "how they look bad."

The Board ordered a enginering report. So, they thought something was wrong.

Sorry to be off topic. However, the it all has a back story. the rambling is just my outlet for my fustration. I was wrong.

I guess the question is...

If they have ordered a report and have paid for it but have not gotten it, is it my right as a HO to know the who the company is that we used to obtain this report? The manager does not want to give us this information.

EdC5 (Florida)
Posts: 117

Posted:

Quote:

Posted By HeatherB4 on 12/20/2010 6:30 AM
It does not matter "how they look bad."

The Board ordered a enginering report. So, they thought something was wrong.

Sorry to be off topic. However, the it all has a back story. the rambling is just my outlet for my fustration. I was wrong.

I guess the question is...

If they have ordered a report and have paid for it but have not gotten it, is it my right as a HO to know the who the company is that we used to obtain this report? The manager does not want to give us this information.

The management company works for the association through the direction of the Board of Directors; it does not work for the homeowners. If you have questions, you may bring them up at a meeting of the board of directors.

Edward J Cooke, CMCA, LCAM

DavidW5 (North Carolina)
Posts: 565

Posted:

Sounds like your HOA may still be under developer control. If that is the case, you are going to have a tough time getting any satisfaction. I suggest you document all your actions and turn that info over to the first elected board.

HeatherB4 (Florida)
Posts: 51

Posted:

So, if I bring this question up at the BOD meeting, do they have to tell me who the firm is they hired?

HeatherB4 (Florida)
Posts: 51

Posted:

Quote:

Posted By DavidW5 on 12/20/2010 6:42 AM
Sounds like your HOA may still be under developer control. If that is the case, you are going to have a tough time getting any satisfaction. I suggest you document all your actions and turn that info over to the first elected board.

Nope, our turnover occurred right after the first builder went bust. When the second builder came in they had to go by the by-laws and ccrs just like anyone else.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The motion to hire the engineer study SHOULD be in the minutes, since it involved $

The findings of the report should be an attachment to the minutes.

You, as a member, have the right to see all minutes of the meeting.

Request them.

HeatherB4 (Florida)
Posts: 51

Posted:

I have requested the report. I have the meeting minutes, BUT the manager is saying the report never came in from the firm we hired.

BTW, the meeting mintues state "motion passed to hire an engineering firm to inspect the roads." No mention of the name of the firm.

I am asking the manager for the name of the firm so that I can call them directly, he will not give me the name. Do I have the right to that information?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Absolutly - in fact you have a right to see the contract signed by the board.

Now ----that does not guarantee that the Company will talk to you about the matter. . .

KellyM3 (North Carolina)
Posts: 2,239

Posted:

HOA's, in my opinion, are a reflection of co-ownership by all property owners under the HOA's domain.

A board of directors handles the HOA's business but HOA business is inherently the business of every property owner. HOA actions in regard to individual property owners will fall under "closed session" guidelines but not community projects, in my opinion.

Regarding an engineering firm being hired, the board facilitates the hiring on behalf of all the owners but the property owners' dollars are paying it, giving you an interest in the report and its findings.

The board is accountable for dispersing funds for a product it allegedly has not received. That makes no sense. How can it spend your money for services NOT rendered?

Anyway......you're getting smoke blown in your direction. Sometimes HOA board members forget their roles in the community.

MR2 (Virginia)
Posts: 3

Posted:

If the job cost $250,000, perhaps the local building inspectors or other entity was involved. Perhaps there was a permit pulled (or should have been), then the building officials will look into it for you. As an owner of a property involved, you should have a right to such information.

Perhaps you could just call local road building companies working in the area tp see if they did the work or know who did. Several may have all bid on the job or, you might actually stumble on the contractor. Do not be afraid to go on a local job site where there are equipment operators and ask them. They likely will tell you who, what, when and where, if they know. Often they will give you the cell phone number of their friend who actually worked on the job. Be polite and friendly and think about how to approach each individual to see if you can find the names and other information you are seeking. You likely will learn much about the quality of the work --- both good and bad --- just because people like to talk about the work they do. I have learned much about how things should be done and what pitfalls to watch for as well as the most reliable contractors in the area just by such "research" efforts. You may learn nothing on the topic you are initially concerned with but you will acquire much knowledge you likely will tap soon or years from now.

If all else fails, a lawyer's letter generally gets noticed by the BOD of an HOA. No threats are needed, just an inquiring letter requesting information you definitely have a right to and other information that may be in more of a grey area. Usually, if there is nothing to hide, both will be provided pretty promptly.

Good luck

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