The Great Entitled! a.k.a. the condo board....

I'm at my wit's end. After nearly 30 years in the same condo and much frustration over incompetence by boards and management companies, I decided a few years ago to stop complaining and actually try to sort things out. Suffice it to say, I've tried everything short of suing and nothing has worked. Not long ago the laws changed in our state to allow for more accountability and transparency from the boards. I thought that might help, but that didn't result in any change, because there is no enforcement element in these laws.

I actually confronted our president at the last meeting and asked him why he won't follow the law. He didn't deny that he wasn't acting lawfully. Rather, he said that he couldn't be bothered. This is a volunteer job and he isn't willing to put in more time than he already is devoting to learn how to do things properly. He said that he thought if people actually had to be educated about how to run boards and follow the law, no one would serve on them.

There are not two standards: one for volunteer work and one for paid work--or at least I don't make a distinction. Having said that, I now understand why there are so many problems with this lifestyle. It takes a lot of time, effort and commitment to the truth and fair-play to serve on a board.

The notion that "the community" will remove people from boards is ridiculous. Those people are afraid someone will say to them, "If you don't like what I'm doing, then you should serve." The incompetent just keep their jobs and make things miserable for the rest of us. So, now I have to get a lawyer, because the board refuses to follow the law and the membership is passive....

Towns and cities have a hard enough time getting competent people and they PAY them. Associations have volunteers. Sometimes you get lucky and have someone competent, most of the time not.

Hi Ann:

Your President if he ran for office and was elected he needs to insure he is bothered otherwise he could be potentially violating his fiduciary duty with regards to the association. I suggest he check on the HOA insurance, because violation of fiduciary duty in many instances is not covered by insurance and can make the member personally responsible if a lawsuit is filed.

However I have to disagree with your following statement:

"The notion that "the community" will remove people from boards is ridiculous. Those people are afraid someone will say to them, "If you don't like what I'm doing, then you should serve." The incompetent just keep their jobs and make things miserable for the rest of us. So, now I have to get a lawyer, because the board refuses to follow the law and the membership is passive...."

If people on the board are not fulfilling their duty they should potentially be removed to protect the association and property owners. Also, if you do not like what they are doing … you have the right and obligation to serve. In essence, if you purchase in an HOA you should be willing to step up to the plate to serve if needed to insure your property and other property owner’s rights are protected via your documents and the state statutes.

If they make things miserable for you and the rest of your association it is because you have potentially allowed the actions. You do not necessarily need an attorney … you and the other homeowner’s just need to potentially be more involved and take control.

Hi Ann. What type of court action do you plan to take? Can the issue be tried in Small Claims Court?