HOA NOT REPRESENTING THE PEOPLE.

Started by AnthonyL1 • 4 replies • 1919 views

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AnthonyL1 (Idaho)
Posts: 2

Posted:

WE ARE IN A CATCH 22 AT
WINDSOR CREEK
CALDWELL IDAHO

WE HAVE A HOA(STAR MGHT.) AND ARE STILL GOVERNED BY THE OWNER OF THE PROPERTY,(HUBBLE HOMES)WHO PAYS NOTHING INTO THE UPKEEP OF HIS PROPERTY.
HOA SEEMS TO BE NO MORE THAN AN AGENCY PAID TO PAY OUR BILLS WITH NO CONCERNS TO THE HOMEOWNER.THEY DO NOT FOLLOW THE HOA'S REGULATIONS,MEANING ALMOST ANYTHING GOES.
WE FEEL THAT THE HOA SHOULD BE GOVERNED BY SOMEONE WHO LIVES IN THE DEVELOPMENT,SOMEONE WHO HAS A PERSONAL INTEREST IN THAT DEVELOPMENT.
WE PLAN TO HAVE A DEMONSTRATION OF SOME SORT AND TELL THE HOA THAT WE WILL NOT ANYLONGER PUT UP WITH THERE NON CARING ATTITUDE.

SheliaH (Indiana)
Posts: 6,964

Posted:

First, turn off the 'CAP" key - typing in all capital letters is the equivelent of shouting, and it makes your message hard to read.

It sounds like your community is still controlled by the developer - they usually turn it over to homeowners after a certain percentage of the homes are sold. If that's the case, the developer still dictates what goes on, which makes things tricky for those of you who've already brought homes. Today's economy being what it is, it may be the upkeep's of poor quality because there's little or no money.

Have you talked to the management company about your issues? If no, try that (and document the who, what, when, where and why). Bring some of your like minded neighbors with you - there's always strength in numbers. If money is a problem, you may have no choice, but to band together and volunteer to get some things done, like mowing the lawns or picking up litter.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AnthonyL1 (Idaho)
Posts: 2

Posted:

its nor soo much the upkeep,its the management company,not enforcing the hoa's rules that we all agreed to follow when purchase of our homes.

GlenL (Ohio)
Posts: 5,491

Posted:

Anthony as Shelia tried to explain while the developer (often called the Declarant) is in charge s/he can pretty much do as they want with few exceptions. It means that if your Covenants state there shall be no sheds, the developer can grant a variance to someone if it helps him sell a home or even change the Covenants. It is not fair but that is how it works and unfortunately the people who move into a new development first are the ones most affected by it. To put it in layman's terms: His ball - His Ballgame.

Studies show that 5 out of 4 people have problems with fractions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anthony,

Let me help a little by correcting who is who in your post. First of all, the HOA is Home Owners Association and that is who you, the owners, are. The Association is the set of governing documents that are the restrictions and covenants (CC&Rs) which have been written by the Developer and passed on to each buyer into the developement.

Star Management is your Property Management company, currently running the association and taking orders from the Developer.

If Star is not following the governing documents as for enforcement of the rules, then the developer should be informed about that or if he does know and choses not to enforce the rules, then you are free to let him know that you are extremely unhappy about the whole system.

Until the Developer decides to "Turnover" the Developement to the Home Owners, you pretty much are not in control of anything. As for a demonstration? Be careful what you wish for. The Developer may dump the whole thing in your laps so you better be prepaired

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