Maintenance on Bank Owned home

Lynn,

Check your governing documents for a clause that refers to "self help". If present, such a clause gives the Association the right to to enter a property correct a condition that violates the CC&R's. Usually the Association is also empowered to bill the owner for any work that had to be done.

The association needs to contact the bank before doing anything with the property. The banks can take care of their properties if they are made aware there is an issue to be taken care of. The HOA or board member should have contacted the bank FIRST and foremost before doing any kind of work on the property. The HOA has to do the same type of procedure they would do with any other owner in violation. Give notification FIRST there is an issue, and then if they don't complete repairs go in and fix it/bill it.

It's frustrating to have abandoned property like this. However, legally the HOA can't do much about it. They can continue to provide lawncare service if that is what the HOA provides. Maybe notify utilities of broken connections like water, down line, or other utility issues. There of course are emergency situations that one may have to get involved like fire or vandalism etc...It's just when it comes to maintenance of the property and interior entrance...It's a NO-Go...

I sure hope the board approved the work prior to it being done. Otherwise, it's on that board member to pay that bill....Unless the owners agree to that work and allow the person to get reimbursed...

Lynn:

Seems to me you need to gather some more facts before we have a clear picture as to what is going on.

Are the other members of the Baord aware of what is happening?

And just what is the nature of the work being done?

Inside?
Outside?

And have any bills been submitted to the Baord for payment by those perfroming this work?

Has the Baord or MC paid these bills if they were submitted?

Does the Board member you say authorized this work intend to have the property cover any costs?

If you don't know the answer to these questions you just might be jumping the gun.

Mowing the lawn does not require an act of God.

Cleaning the yeard of debris does not require approval IMO.

Now once you enter the property my question would be why and how did you gain access?

In most states entering a property that you do not own without permission from the owner would be trespassing.

Do you have monthly meetings? Do you attend? IMO get some facts and details with which to work with.

Ouch! This doesn't sound good to me. Tresspassing? Breaking and entering? From the description, it does sound to me like the property may have been entered illegally.

They may have had the best of intentions, but there's a right way and a wrong way to go about doing things. They may have to end up paying for the work for themselves. At the worst, they could be in more trouble than that.

I've been in this situation before. We actually had 1 property that was never lived in for 10 years! My realtor showed it to me when I was first looking. The house's air conditioning hadn't been on in years, there were cobwebs all over the place, and water damage in the garage over the electrical box. I was looking for a "fixer-upper" NOT a fire hazaard...It was STILL empty when I became President.

What also caught my eye about the place was that they had an illegal HUGE satellite dish in the yard. The original kind from the 80/90's...The HOA's ONLY legal responsibility is lawncare. So that is what the HOA did for all those years. We just mowed the yard. That's all we could do. We did have a lien on the place but after several years the paperwork just got lost or not followed up on. It was basically a wash on the lien and any back dues.

It is frustrating indeed. However, to take matters into your own hands or the HOA's in this case, isn't the right way to handle it. I'd put the bank in touch with the HOA somehow. Give them a couple of the board members contact numbers. The work needs to stop until it is worked out. This is an example of why HOA's can become bad HOA's...

Even if these houses are townhouses it is the owner’s responsibility to periodically check a vacant unit for leaking roofs, faulty plumbing etc. Unless the owner reports a problem the Association is not responsible for any interior damages. And, has the bank insured the property? Even if they did, they’d probably be denied any claim providing they do not inspect the property.