DAMAGES & DUES

For the 5 years of my residency, I have consistently paid my HOA and special assessment dues on time. Two years ago, some units had mold& water damage due to alleged defects (pipes and installation). The number grew and now there has been a lawsuit against the developer pending for one year. The management company, which has poorly managed our complex, always states we have no money and raises dues and special assesses us for legal and contractor fees. My unit also experienced water damage and mold.

The project to clean up the mold started Jan. 3, 2011 and is not yet completed, even though it is a very minor and straightforward fix. My floor has to be replaced and management says there is no money for it. Half the floor is ripped up & is a fall risk for me or anyone visiting me. Neither the board nor management company heeded my last year's suggestions for cost-saving measures-such as shutting down the pool, clubhouse and switching to local, less costly vendors.

What are my options?
1. Can I sue the board president or all board members for the money to finish the flooring and minor touch-ups?
2. Can I not pay my dues until until the work is completed?
3. I sent an email response to the management's email there is no money to finish my repairs.

I stated that the HOA has 30 days to complete restoration of my unit. What can I do if they still have not responded with anything other than "we don't have the money"?

Never, never, never stop paying your assessments. This can start you down a road that members typically don't win and the consequences can be huge.

Send a certified letter to the Boards President with a copy to the MC and all other board members requesting the status of the repairs citing the time frame that this has taken. You need to start a paper trail. If you get any phone conversations follow it up with a letter citing the date and time of the call, who you spoke to and what you understood from the conversation. This will document the call.

Remember, the MC doesn't raise the assessments. The MC works for the Association. The Board establishes the amount of Assessments and the MC just passes along the information. Have you attended any Board meetings? This may help as well.