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RichardS19 (Pennsylvania)
Posts: 1
Posted:
Hi, I am new to this forum. I live in an development that has 281 homes and has two sections. Section on pays 6 dollard less then section 2. The docs say there supposed to have two financial committees and two separate budgets. The problem is this board doesn't follow the documents completly unless it benefits those board memebers. The bd follows it for owners who are not paying there dues like explaining in the docs that they can put a lien and forclose as an example. They also was told by a lawyer that they need 67% votes of the home owners to put both section together so they can have one budget and they would have to have the same amount of dues for both sections. They told me before there vote to pass the budget that there going to do this in the future and so what if we do it early. My section 2 is paying around 56K more a year. The board president and VP is from section one that pays 6 dollard less. There are two other board members from my section and they allowed it and passed the budget. The following are what they violated not following the documents:

1) In any rules and regulation not giving owners 30 days to appeal before taken affect.
2) Not having an attourney writing up the new rules or regulation to be given to all home owners to put in there docs.
3) Not having minutes written for owners in paper form or online.
4) Not allowing home owners to look over the budget and explaining they have 30 days to appeal befor it goes into affect.
5) Not having two budgets for each section.
6) They are using money from both sections to use for either sections like its one budget.

There is no department in
the State of PA that oversees association developments except for the attourney general. I can report them to the attourney general or let it all go since they replaced my roof, deck, concrete etc. I don't mean to act like a trouble maker, but I would just like any assciation to follow the association document like they were written. Its not just this board but no matter who is on the board they just don't seem to follow the book. I was on the board and they will not listen to me. They can't even listen to federal laws like for handicap parking. They spent so much time and energy and upset our neighbor and caused her so much aggrevation about getting the sign. I argued relentless that it is a federal law and we can get sued. They gave in because she went to congressman office and they called and had the mayor write a letter. Then the board went to there lawyer and he told them you have to give in. The board was affraid of there parking spots and everybody would be requesting for a handicap sign. What should I do? Ignore or report the association for not following the docs? Thank you.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Richard,

Sorry to hear about your issues. However, what you are asking, do I ignore it or address the issue, is a question only you can answer. No matter what you decide there will be time, energy and perhaps money spent on it. Only you can decide if it will be worth this time, energy, etc.

If you decide to address the issue, do the homework ahead of time. Gather copies of minutes, governing documents, etc. Highlight the sections that are being violated and summarize the supporting documentation onto a statement. If there are multiple issues to address only pick the top one or two that has the most supporting documentation of violations and will make the most impact. Trying to address everything at once is difficult at best to do and will take a great deal more time, energy and money.

Once you have the issues defined and the documentation supporting the issues and since you were on the board, if you decide to address the issue, you might want to start with those board members whom you know agree with you and see if they are willing to change things. If they are not, then you at least know where you will or won't get assistance from.

Typically, though not always, an Attorney General wont get involved unless there is criminal activity. However, having a meeting with someone in that office can't hurt. However, don't be surprised if they say you will need to seek relief in a civil court of law or make the changes from within the Association.

If you decide to ignore it and save your energy for tougher battles that is fine also.

Again, only you can make this decision as you will be the one spending the time, energy and money. Others might say to step up and do your best and some might say ignore it and wait for something important. All of these people are not living in the development and all of these people will not be dealing with the time, energy, etc..

This is a decision you must make you must make on your own.

Tim

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