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MaralynnL (New Jersey)
Posts: 5
Posted:
April 15, 2011--

We are a 55+ subdivision, just 5 years old with a subdivision-wide sprinkling system. When the subdivision was new, residents began having water issues which were reported repeatedly at HOA meetings and in writing. "We'll look into it," is the standard answer, and nothing is done. Last summer, the Management Company rec'd a staggering water bill which the HOA has stated was the result of poor accounting practices of the Management Co. which caused us to be socked with a huge bill. We know differently: water running down the street, watering during downpours, standing water between homes, etc. They have paid off some of the water bill from 2010 and almost emptied the residents' assessment money. We, the residents, have received an emergency assessment bill of $600 and a coupon book to pay up within 7 months. Some of us decided it is just ridiculous to pay a bill for which we are in no way responsible, except for a reasonable amount used and not the leaks. The first payment is due today.

The same thing happened with an assessment after winter 2009-10. Unusually heavy snow. But the contracted plowing company overcharged, kicked in a little money & was fired. D R Horton kicked in a little and the residents paid the rest. Now for the other problem: The plowing company put down salt and pitted all our driveways and sidewalks. Lots of written/verbal pleas with Horton, and they are not doing a thing about it.
Does anyone have any suggestions on these issues.

At Board meetings, the attorney on the HOA board talks vaguely about issues, unfinished sentences... he is a master at this... and nothing is done.
Can you help?

By the way, the Board is comprised of 2 Horton reps, 2 Management reps until last year when they added 2 homeowners (who don't say anything), even though we don't have homes sold to support adding 2 residents. They call General meetings only when they feel necessary. Meetings of the Board were always closed even though the POS states that all meetings should be open. When we state this, the first meeting was yesterday.

Seniors in New Jersey
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Maralynn:

Clarification please ... per some of your statements are you still under developer control?

GlenL (Ohio)
Posts: 5,491
Posted:
Janet, it sounds like they still are.

Maralynn yes it probably is a valid assessment and if you don't pay, they can lien your home and possibly foreclose. If you doubt its validity you should seek legal council.

Studies show that 5 out of 4 people have problems with fractions
BB5 (Missouri)
Posts: 145
Posted:
This kind of stuff makes me want to PUKE. HOA developer controlled or otherwise need a LOT more regulation !!!!!! How many people have the money to hire an attorney and don't say "you should have read the DOC's " people try to trust the ones who represent their selves as "knowledgeable" about HOA's .
MaralynnL (New Jersey)
Posts: 5
Posted:
Dear GlenL,
There is a lot of controversy after some residents spent many hours testing the sprinkler system which will take months to sort out. By then, the HOA will have most of the money recouped. (Why did the developer not hire a pro company to investigate instead of allowing a committee to do all the work?) They found leaks (pipes not properly glued together), improper care (not blowing out the system before use) by the hired lawn maintenance company along with a few other problems. Management company was not keeping tabs on the water bills. Developer ignored the pleas of the residents for 5 years. We will be in the subdivision 2 years in May. If there is a lien on my house for non-payment, so be it. At least I will stand up to something that is not right.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Maralynn:

Be careful as in some states not only can they lien, but also foreclose.

Do you have written documentation regarding the water issue over the time period? If so, I would send copies of this information and a certified return receipt letter to the board and inform them that you feel this is not the homeowner’s responsibility but instead negligence due to the developer’s lack of fiduciary duty in properly maintaining HOA property as required. If proper repairs had been made in the past …

Anyway the idea is you need to address the issue and not sit back with no action, which could then affect your personal property.

MaralynnL (New Jersey)
Posts: 5
Posted:
Dear Janet,

There is documentation in the General Meetings' minutes of people telling the Board about the leaks, overwatering, etc. Also, letters have been sent. On Thursday, a petition with 44 signatures was given to the Board asking them to withdraw the Emergency Common Expense Assessment. BTW, this is the first meeting opened to the residents because 1 resident cited that the POS states that all meetings are to be open.

Maralynn
MaralynnL (New Jersey)
Posts: 5
Posted:
Janet,
Thank you for the replies.
Maralynn
EllieD (Vermont)
Posts: 446
Posted:
Maralynn,

If you do not have the Special Assessment, who or how does the water bill get paid? Where will the money come from?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Maralynn:

I just wanted to make sure you understood the necessity to address the issue instead of just potentially not paying the assessment.

Your association is in a possible unique position in that the developer while still in “primary control” of the association and depending on your state statutes has a potentially higher fiduciary duty to abide by with regards to the members. If he did not properly fix items to save himself or his development company money instead of considering what was in the best interest of the community at large, then he could possibly encounter more legal liability than a usual owner controlled HOA board. Again, this varies by different state statutes.

It appears from your last statements that you and the other homeowner’s are addressing the issue, so please keep us informed on how the situation unfolds.

MaralynnL (New Jersey)
Posts: 5
Posted:
Dear Janet,

Since presenting the petition to the person who runs the HOA (legal counsel to & employee of the developer) on April 14 at the first open Board Meeting, a letter is being drafted and will be sent to the same person, certified mail stating that the residents want his response to the petition.

Maralynn

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