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Please help an HOA member

Started by ReneeH2 • 12 replies • 1898 views

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ReneeH2 (California)
Posts: 7
Posted:
I'm having issues with the management company and the board itself. I'm hoping for some suggestions so I don't have to turn this over to a lawyer. I SO don't want to go that way, but I will if need be.

History, I bought a house last June in a California HOA gated community. The fence had under gone some heavy repairs and was in need of replacing. We were told at that time the HOA board was trying to decide what to put back up (wood, block, vinyl, brick) as most of the fences in the 68 home community was in disrepair. The fence is the financial responsibility of the individual homeowners. All we need is a materials decision. But the board has not come forth with a decision that was promised last June and will not respond to the Management company to say they even got my more recent inquiries.

The pressing problem now is the fence is no longer an eyesore, but an imminent danger. It has blown down and is propped up with planks and wires. I officially contacted the Management company on March 7th and have been contacting her weekly to see if the board answered back. They require 30 calendar days to make a decision, it's been almost 6 weeks. They have not acknowledged anything. They are not holding their monthly meeting as our bylaws state. (breaking corporation code). I thought maybe the management company wasn't addressing the issue properly, so I mailed a very polite letter to the president, no answer. I have formally requested the minutes from the last meeting, and have yet to receive them even though it's been longer than 10 business days. I could file Attorney General complaints on the two breaks in code, but again, it's not the way I want to roll if I don't have to.

I tried to get the city to come in on my property and cite me for a dangerous fence. I thought that might spur a decision if I presented that to the board. That was a weird conversation to have with the city, they were "You want us to fine YOU". Yes, I was willing to take a fine to get this going. It seems the city won't come on my property unless they are given permission by the community!

So I'm stuck. I can't repair the fence, and can't put up a new one without board approval and I have no way to contact them. Do I need to get a Lawyer?

Thank you in advance for any and all help!

Here's some pics of my fence.

[IMG]http://i285.photobucket.com/albums/ll73/hixphotobucket/fence6.jpg[/IMG]

[IMG]http://i285.photobucket.com/albums/ll73/hixphotobucket/fence8.jpg[/IMG]

[IMG]http://i285.photobucket.com/albums/ll73/hixphotobucket/fence5.jpg[/IMG]

[IMG]http://i285.photobucket.com/albums/ll73/hixphotobucket/fence7.jpg[/IMG]
ReneeH2 (California)
Posts: 7
Posted:
Sorry about the links :-/
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'd write the board a letter telling them that if I don't hear from them within 30 days, I plan to repair/replace the fence in the manner I understand the guidelines to be and bill them for reimbursement.

Then do that.

ReneeH2 (California)
Posts: 7
Posted:
We have a certified letter all ready to go in that regard. Does this sound appropriate?

"To Those It May Concern,
This letter will serve as a formal, documented request regarding the HOA approval for the replacement of, and the approved material/style of our back yard fence. This fence has been in a state of serious disrepair since we purchased the home, and at that time, we were informed by [the Management Company] that the [Community] HOA Board was discussing the fence issue of the complex because many of them require replacement. However, to maintain the consistency of the “look” of the complex, we would be informed of the type of fencing material “soon”. While we realize that the financial responsibility is that of the homeowner, and are eager to comply with the [Community] CC&Rs, it is our understanding that we are required to install a fence of the type and material chosen by the board, but despite repeated attempts, our requests for this information have gone unanswered for almost a year (since June 2010).
The old fence now constitutes an imminent danger, especially to our dog as well as the toddlers next door (it has actually fallen down on one side). To that end, it is our plan to replace the old fence with a new fence of our choosing unless the [Management] and/or the [Community] HOA Board informs us within thirty (30) days of the style and color fence required (which is the stated amount of time needed for the board to give architectural approval per the written bylaws). Given the apparent low priority you have placed on this issue, we will not be financially responsible if you require replacement due to the style or color we have chosen, as you have been given ample time to inform us of the “approved” fence style.

This letter is a result of lack of response from the governing board. It is a breach of your fiduciary obligations to not hold meetings as required by the governing documents of the association, and any suit to compel us to change the new fence will be met with evidence of your own malfeasance.
I’ve included photos that have already been forwarded to the board through C7Property managers. These photos show how dire and dangerous our situation is."

Does that seem appropriate? I really want to be a good neighbour and follow the rules, but this fence could have killed my dog as it barely missed her when it fell. I also can't open the gate easily to get the garbage containers out and have cut myself twice. :-(
ReneeH2 (California)
Posts: 7
Posted:
Oh, and elections are coming in July..... I plan on running just so people that find themselves in my position will have a voice. This has been a very sad and frustrating experience.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Sounds good.

Suggestion - break up the letter into paragraphs for easy readability

BOLD print the part where you tell them what you are going to do.

Good luck.

ReneeH2 (California)
Posts: 7
Posted:
Thank you very much. I think I deleted some of the paragraph spacing when I did a copy/paste. I will include the bold. Oh I hope this works without ruffling any feathers.

Should I send this after I get a general fence guy in on Friday for recommendations.

I wish I had of come here earlier. I can't tell you the amount of stressing I've gone through. We live in earthquake country and the next shake will take the whole thing down.... hey, maybe that would be a good thing as long as it wasn't the Andres fault.
CarolynL2 (Florida)
Posts: 73
Posted:
Renee,
I would add copies of any written communication or emails to or from the managemnet company and/or any director. I also encourage you strongly to send by certified letter.
ReneeH2 (California)
Posts: 7
Posted:
Thank you!

I will follow up and let y'all know how it goes!
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Renee:

Appears to be a nicely worded letter. Like Carolyn I also recommend sending it "Certified Return Receipt" so you have proof that the letter was received by the appropriate individuals.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
make sure you address it to the corp's 'registered agent' (or the Colorado equiv. - check with the secretary of state for the 'corp. registration')

http://www.sos.state.co.us/

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

good luck

the next step would be to petition for a (corporate) receiver

THAT would be a real 'wake up call' for the existing BOD
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, I would submit a request to your architectural committee asking for approval (use their form if available) to replace your fence. Provide a location plat, height and pattern of fence, and type material you plan to use. Specify that if that material is not acceptable to please approve it with a material approved by the architectural committee. I believe your Declaration of CC&Rs will state they must approve, request more information, or disapprove within either 30 or possibly 45 days of receipt of request or it is approved by default. Send it registered mail and keep a dated copy of the request as well as proof that the mail was delivered.
ReneeH2 (California)
Posts: 7
Posted:
There is no default clause. The lawyer we contacted originally asked for that.

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