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ChrisA10 (California)
Posts: 1
Posted:
I'm having an issue with my HOA and I can't find any information on it, if anybody knows I would appreciate the help.

The HOA was conducting roof repairs and painting the exterior of the buildings. They also painted the wood on the front of all the homes (due to a complicated issue the walls and roof are under the HOA's dominion but the wood up front is private property and up to the homeowner to repair, but the condition and color scheme is regulated.) They did not consult with the homeowners before this work was done, and have now sent a bill to each of the homeowners. All of the wood was in various states of repair, and some had just been replaced and painted and did not need any work, also several owners do their own repairs and could have done the work for less.

There is a HOA, run by residents, but most of the work was contracted by a property management company that the HOA uses. Does anyone know the specific laws on this? I know that the CC&Rs do not allow the HOA to repair private property under these circumstances.

This is in California.

Thanks,
CarolR11 (Colorado)
Posts: 2,563
Posted:
Say, Chris, under what "circumstances" do your CC&Rs permit the HOA to do this maintenance?

Is the wood defined as Exclusive Use Common area in your CC&Rs, Architectural Guidelines or elsewhere?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Of course your HOA is run by the residents. That is who the members of the HOA are. Homeowners Association...HOA...

The Property management works FOR the HOA. Which means your board approved the work to be done and the property management paid the contractor to do the work. Highly doubt the property management took it upon themselves to do the work on their own initiative. They do what the HOA tells them to do.

A HOA is ONLY funded by it's members for it's members. Sounds like there might have been a few meetings or notification missed here on the subject. There had to been discussions of having a special assessment to cover the work. Which is most likely the bill that was sent to all the owners. It was divided evenly amongst all the owners which is much cheaper than paying for the job on an individual basis. My roof and siding replacement cost me over 10K as an individual owner. However, divide that amongst 10 owners and it would have been cheaper.

The wood area your talking about sounds like it's part of the aesthetics of the homes. Which would be included in the work to make sure everything matches. Which is a better option than having mismatched homes for a long period of time due to everyone's personal schedule and willingness to do the work.

Have you gone to any meetings? Might want to take more of an interest and get to know how a HOA works...That could supply you with your answer.

Former HOA President
PetunkaM (Florida)
Posts: 1,009
Posted:
Chris,
The management company and the BOD overstepped their authority, I believe. You may want write to the Board asking how they could authorize such an expense without the membership approval. Not sure about your state laws but Florida law requires a special BOD meeting to approve any special assessment and a 14 day notice to all owners.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By ChrisA10 on 10/03/2011 6:18 PM
I'm having an issue with my HOA and I can't find any information on it, if anybody knows I would appreciate the help.

The HOA was conducting roof repairs and painting the exterior of the buildings. They also painted the wood on the front of all the homes (due to a complicated issue the walls and roof are under the HOA's dominion but the wood up front is private property and up to the homeowner to repair, but the condition and color scheme is regulated.) They did not consult with the homeowners before this work was done, and have now sent a bill to each of the homeowners. All of the wood was in various states of repair, and some had just been replaced and painted and did not need any work, also several owners do their own repairs and could have done the work for less.

There is a HOA, run by residents, but most of the work was contracted by a property management company that the HOA uses. Does anyone know the specific laws on this? I know that the CC&Rs do not allow the HOA to repair private property under these circumstances.

This is in California.

Thanks,

Chris...long story short it sounds like the homewoners got some free work done! unless the property in question belongs to and is supposed to be maintained by the HOA they did not have the authority to do.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Did I miss the fact somewhere where the HOA was responsible and doing the work? I believe that's in the post...It sounds like the HOA decided to do necessary repairs on the roofs and such but had the Property management act as the general contractor on their behalf. The HOA is paying for these repairs and the property management is organizing it. So where is everyone getting the idea the Property Management is running amuck?

There's no mention if there was a vote taken prior to the work being done. Did the poster attend any meetings or get notices the work was going to be done? They state the HOA is responsible for these items except maybe the wood portion. Which is where the original question lies. Did the HOA overstep making the repairs to the wood area that would typically be the owners responsibility? Did the owner's agree to allow them to do it and then pay up the bill between them all?

Seems there are some meeting information missing here. If the majority voted for this work to be done, then everyone going to receive a bill. Even if they didn't participate in the decision.

Former HOA President
PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By BradP on 10/04/2011 1:10 PM
Posted By ChrisA10 on 10/03/2011 6:18 PM
I'm having an issue with my HOA and I can't find any information on it, if anybody knows I would appreciate the help.

The HOA was conducting roof repairs and painting the exterior of the buildings. They also painted the wood on the front of all the homes (due to a complicated issue the walls and roof are under the HOA's dominion but the wood up front is private property and up to the homeowner to repair, but the condition and color scheme is regulated.) They did not consult with the homeowners before this work was done, and have now sent a bill to each of the homeowners. All of the wood was in various states of repair, and some had just been replaced and painted and did not need any work, also several owners do their own repairs and could have done the work for less.

There is a HOA, run by residents, but most of the work was contracted by a property management company that the HOA uses. Does anyone know the specific laws on this? I know that the CC&Rs do not allow the HOA to repair private property under these circumstances.

This is in California.

Thanks,


Chris...long story short it sounds like the homewoners got some free work done! unless the property in question belongs to and is supposed to be maintained by the HOA they did not have the authority to do.

Well not really... any money spent was/is/will be? [ultimately] from association funds (or some type of assessment) since the contractor will be paid or sue to be paid.
PeterD3 (Florida)
Posts: 708
Posted:
Upon further reflection I suppose the HOA (and/or the owners) could sue the Mgmt. Co. to cover the costs, assuming the facts warrant, and if won could result in 'free' services but that is just a supposition to be fair and only after a delay to litigate.
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By MelissaP1 on 10/04/2011 2:58 PM
Did I miss the fact somewhere where the HOA was responsible and doing the work? I believe that's in the post...It sounds like the HOA decided to do necessary repairs on the roofs and such but had the Property management act as the general contractor on their behalf. The HOA is paying for these repairs and the property management is organizing it. So where is everyone getting the idea the Property Management is running amuck?

There's no mention if there was a vote taken prior to the work being done. Did the poster attend any meetings or get notices the work was going to be done? They state the HOA is responsible for these items except maybe the wood portion. Which is where the original question lies. Did the HOA overstep making the repairs to the wood area that would typically be the owners responsibility? Did the owner's agree to allow them to do it and then pay up the bill between them all?

Seems there are some meeting information missing here. If the majority voted for this work to be done, then everyone going to receive a bill. Even if they didn't participate in the decision.

He is referring to the wood fence which is homeowner responsibility in the documents but was done anyway.

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