Maintence of Exterior

Started by CherieR • 1 replies • 1273 views

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CherieR (California)
Posts: 1

Posted:

I need help. Our building were built in 1965. The exterior of the buildings are in bad need of paint and repair. The Board and the Exterior Modification Committee did a wonderful job of putting together several options to paint, repair and exterior modifications. They had an open house for all the residents to view the various options. They included the potential cost for each option, financing possibilities and property appreciation. The majority of the residents voted for one of the options. The Committe is now obtaining 3 bids from contractors to proceed with the majority vote. It is time for re-elections and 4 residents (2 existing Board Members) have sent several incorrect letters to all the residents about the exterior renovations. They are presenting that all work should be done out of reserves over a 4 to 7 year span. Our reserves are funded at 44%. The building are in desperate need of paint. If the majority of the residents voted for an option, what authority does the new board have in changing a majority vote. Also, can residents sue the HOA and the board for lack of maintenance and devaluation of property?

Thanks.

Cherie

PatrickH (California)
Posts: 204

Posted:

Hi Cherie,

The Board isn't obligated to follow the vote of the owners as to which option to chose for the repair project. If they chose one that would require a special assessment or a loan, then the owners would have to vote to approve the loan or special assessment.

It sounds like the old Board did put in a lot of time and effort to present all the different choices to the homeowners. The incoming Board may think that they can stretch out the repairs over 4 to 7 years, but if enough angry homeowners voice thier displeasure about that idea, they will probably go with the plan that was originally approved.

Suing the HOA is suing yourself, so that makes no sense in this scenario. If you sue yourself because your property values go down, then you're just paying yourself if you somehow win a case. During the 3-5 years it will take to settle your lawsuit, the property values may go up again.

Get all the owners who supported whatever plan was considered the best option and put the heat on your Board. That option was chosen for a reason, so make it abundantly clear to the Board that this is what the owners want done.

Good luck.

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