Trash in common area

Our Association has filed for bankruptcy and is now short on revenue. We have always had a history of not assigning anyone to pick up trash in streets and common area, not even the obvious choice of the landscape co.

Unfortunately our local rental population enjoys leaving their cans and bottles and whatever else they have in their car, in the parking lots and bushes. The BOD claims that work needs to be prioritized and that the trash is on a 2nd tier of priority.

I can't get the Association/BOD to recognize that this is a major problem. Is not the responsibility of the HOA to protect and preserve the common areas, including picking up trash and debris regardless of financial status? The bankruptcy is a convenient crutch at the moment.

Thomas, you need to take off the rose colored glasses and look at this realistically. Yes the HOA should be policing the common areas but if they have filed bankruptcy then I'm guessing that the majority of units are in default and you can't pay for services with money you don't have. That is unless you and the other units that are paying are willing to vote in a major assessment increase to pay for the clean up.

It was a simple question, take it easy. Is it the Association's responsibility to preserve the common area or not?

This has been a problem long before the bankruptcy so don't look to that as an excuse.

thank you Glen for answering the question. We lost a major lawsuit with a builder, hence the bankruptcy. We also had to ask homeowners for a $3,000 assessment so we have been down that road.

Before I got involved, I had gone to a Board meeting almost 6 years ago and asked about the increase in trash in the Common Area. Was told to pick it up myself. We had plenty of money then so hard to explain that response.

John, my involvemnent has been extensive (committees, help lead a recall) and still have no luck getting basics taken care of. That is prompted my initial questio about trash being allowed to remain in streets for days and days.

I have also supported multiple people who have gotten on the board and say it is like banging their head against the wall.

So the next step, unfortunately is to seek legal action. And no I do not want to move, I like my view and should not have to.

thanks for the advice, glad you saw some significant changes.

Correct, the Board is hanging their hat on the bankruptcy status. I am trying to recruit a group of 5% (47) of the Homeowners to form a group to show force in numbers. Thing simply don't get done! One perpetual Board member tosses his cig butts in the street in front of clubhouse and nobody does anything about it.

That is the culture I am combatting.

Any insight into how you were able to turn things around would be helpful. We are in a great part of Laguna and we should be more attractive to new homebuyers. For the reasons stated we are not. I am still not giving up.

thanks

Thomas,

3 months ago, we had a paid property manager whose husband was the VP and of the remaining 8 board members, 4 were her closest friends, 1 ineffectual president who merely recited what the board told him to, and 3 members who wanted change, 2 of which were followers only. Luckily, 2 of the board members (one of the PM's friends and one of the followers) had resigned pending replacements.

I had been working on one of the board members, trying to convince her of the mismanagement of association at the hands of the PM and likely several of the board members. Finally, the shocking amount of our delinquencies came to light as did the realization that we were quickly headed towards bankruptcy.

I have owned & operated a tax accounting / business consulting firm for many years and, as such, was asked to join the Finance Committee along with another guy with significant finance experience (who is now my VP). At our first meeting, we introduced ourselves and gave some professional background - we were voted on to replace those resigning (who immediately left). As soon as we were voted on the board, the treasurer stormed out of the meeting, having resigned. This left us down one board member, but the ranks were thinning on the side of the PM.

Because of my accounting and auditing background, I took charge of our audit to determine just how bad the finances really were. I was able to show how had we not eliminated the PM position and moved to true self-management, we would be declaring bankruptcy by the end of this year. Even her closest friends could not dispute the numbers and analysis I presented - we voted to remove the PM. That move alone bought us quite a bit of time before bankruptcy would be necessary.

Even though the PM's friends voted to remove her, they did so very reluctantly and each of them resigned within a week. While that left us seriously short-handed, the odds were in our favor now. Our annual elections were coming up and, for the first time in 27 years, we held actual, legitimate elections, allowing nominations from the floor. Our docs provide for this of course, but nonetheless it was never done before. We got several excellent new board members, and went a long way to restoring the membership's faith in its board.

Our ineffectual president saw that he was ill-qualified to lead the association in difficult, uncertain times - he stepped down as president, but remained on the board. I was elected president.

With the PM and the dead-wood board members gone, we were free to make the necessary changes. Since we opened communications up with the membership for the first time in nearly 30 years, we had gained back a lot of their trust. We then restructured how we do business, saving thousands in every day operations. We were able to renegotiate contracts, saving tens of thousands. We began aggressive collection of our delinquencies and have already returned about $10,000 to the reserve funds (which were nearly depleted, having been used for operating expenses).

2 1/2 months later, and we are no longer in danger of bankruptcy and our community is generally happier and friendlier that it has been in years. We still have a long way to go, but we've made great progress in a short period of time. I'm a lucky guy, I have a nearly ideal board at my side who share my vision for a better community and are willing to work for it.

Thanks Kelly, we are getting like minded people together and will change things around. Tired of people telling me I should just move, should be the other way around.