Enforcement of HOA bylaws and State HOA Laws.

Are you a board member? The Management company is a contractor to the HOA. They take orders from the HOA board NOT individual owners. Hence why the BOD were elected. They were elected to represent the general membership and handling issues. Just understand why the MC may not be responding to you or have anything to say. Unless the contract with the HOA states the MC enforces the rules, they do what the BOD tells them to do. Make sure you understand the relationship between the HOA and MC. You may be blurring the lines.

Not everyone is tech savvy in a HOA. Nearly 25% of our HOA membership didn't own a computer. Plus our internet connection was not up to date. It's great to have a internet page for people to view but it is just a TOOL for the HOA. The bulletin board is also a TOOL. Tools used correctly help. I'd focus on that for now.

HOA's is wrought with apathy. It's in the DNA of the HOA. A little bit of change and the apathy gets wiped out. You may not know it now, but making change will eventually erase some of that apathy away.

Thank you for your come back. Is this to say they can disregard the laws of the complex and state laws in doing the job and show
no more responsibility they wish to offer. No I’m not a board member but correct me if I wrong,
I was under the impression the laws took preference. They were set up for our protection (thank
God for that). The one in question has no more idea of the laws (the last I was informed) then
my family in Michigan and I live in Colorado. I’m talking about responsibility what comes with
the Job. I understand it is a voluntary position but in no way does this lessens the requirements.
No more so then the voluntary positions I hold. If you volunteer you accept the responsibilities,
that just part of it. It not an excuse to relinquish your responsibilities if the job get tough. But
then again, thats only my point of view. I still believe and work by the statement, CANT STAND THE HEAT GET OUT OF THE FIRE. 
Hard truth, but it true. It looks to me they took the job because is lends prestige to them selves.
Also it is true they have contributed but only when confounded with facts and determination. I
can’t volunteer for all things and I need to pace my self. I’m only one grain of sand on the beach.
With that I want to thank you, you did respond and for that I’m great full.
Concerned HOA home owner.

There's this thing called "reality". A HOA is NOT an object, a thing, or very tangible. It is YOU and YOUR neighbors. There is NO "They or Them" in a HOA. You want to complain rules or laws aren't followed, without police why would they? The police in the HOA are the people/BOD. NOT everyone wants to play "peace officer". It's NOT the MC's responsibility to enforce the rules. (Unless dictated in the contract). It is the BOD's to recognize the violation and to address it. They may USE the MC to deliver the notifications or to pay the legal bill/action, but they don't enforce the rules.

I'd say you should start volunteering to be on the Archectual Control Committee if one does exist. Most HOA's have them but not necessarily active. Find out if there is an allowance in your documenation for such a committee. The BOD can still override a ACC decision but the ACC does address the issue. It helps the board take some of the weight off in making every decision even though ultimately they are responsible. Usually an ACC decision only goes to the BOD when there is a conflict or final stamping of approval.

Sometime one sees the forrest for the trees...Just because you have rules, doesn't mean you have to enforce all of them. Sounds contradictory coming from a President doesn't it? Not all rules are relevant, up to date, or fair to enforce. If you don't make the effort to change and update the rules every so often, those rules can strangle a HOA.

Confused on your post about the damage. Are you saying that damage occurred by a weather event and it wasn't repaired to the original condition prior to the damage? Was the property damaged by the owner, and then repaired not up to original standard? This sounds like an insurance issue. Not exactly clear.

Not even sure how the lowered appraised value of your home was a result of any of the HOA's actions. Appraisals generally don't have anything to do with the HOA. They are based on similar homes in the same condition/configuration sold in the general area in the last year or less.

I am not faulting your volunteering attitude at all. Just making sure you understand the lines. You want enforcement of these lines but not exactly acting within them. What is the exact issue that has gotten you down this rabbit hole? Like I said before, one change will bring the apathy out of any member of the HOA. What was yours?

As to the question, When the damage occurred, was it by a weather event or not repaired to the
original condition prior to the damage? Was the property damaged by the owner, and then
repaired not up to original standard? This sounds like an insurance issue. Not exactly clear.
From Richard. The answer as follows.
For 11 years I have complained about roof leakage due to damage (one of many problems),
Cotton wood tree limbs broke off from snow and considerable damage was done. Roof at that
time was tile and just beautiful. Not just one time but 3 time. I say considerable and it had 3x3 ft
area’s of Broken tile’s and not only in one place, all over. 4 attempts were made (temporary
repair) by substandard workers, yes Substandard and I can’t begin to tell you how Silicone sealer
can be use on a roof. When inspected by a licensed roofing company (3 and none used) they
were flabbergasted at what they seen. Yea, I have all the pictures and from the Roofing Co. Also.
Leakage into the bed rooms, water going down the wiring into light switches and light fixtures,
damaged walls. On heavy rains water came out of the back side, Yes back side of condo siding.
Water caused tile in shower to fall off as water came in on the back side of that. All this I have
documented with pictures. Problems well beyond what I can put in this letter. Who paid for
interior damage, I did and was told by the HOA. Yea, HOA they would not. I have a lot more
but space and time will restrict me from listing them. City inspector was absolutely discussed
when he seen the work. The problem was he was inspecting a different unit so his statement was
not recorded, So as of today I no longer have a tile roof, but shingled roof (that made large gaps
on side walls as it is not as thick and repairs to that look horrendous). , or nice fences around the
yard area, parking lot that looks like 30 years after people (documentary on History TV. Channel)
Condo units that needed painting and repairs 4 years ago. Sorry to report that but it true. But the
swimming pool is up and going fine. I thank God I love camera’s and take a LOT of pictures
and run a computer, that way I will remember what it look like in years past. So what can I do at
72 Y.O.A. and forced into retirement 12 years ago due to injuries received and many, many
surgeries. I’m just not in a position to due much now.
Trust this will give you some insight. To all you out East,
Thanks, and enjoy the good weather, I have a feeling it will change and not for the better. All you
on the Eastern side have had more then you want in bad weather. Wish you all the best. God
speed in all you do. Have faith and keep going.
Richard.

Was their a shingle roof origionaly or a tile roof ? Check your CC&R's to see if they need only restore to origional standars. That is what is stated in our CC&R's.

Again, the MC is a contractor to the HOA and do the bidding of the HOA BOD. It is NOT an individual member that is to contact them unless it is to resolve a payment issue. The MC most likely doesn't live in the HOA. I am sure they also don't want people to call or visit them outside BUSINESS HOURS. Most PM's use a P.O. box when possible as a business address. So I am not finding this part unusual or sketchy.

The HOA sometimes has to make some tough decisions when it comes to a change of materials. I've had to do it in the repairs of some of our property. Tile Roofs aren't cheap to keep up with and the maintenance can be high. I am sure once the other roofs start to fail, those too will be replaced with asphalt tiles to save money. Sometimes you have to compromise between continued costs and aesthetics.

Be careful about what you wish for when it comes to applying the rules. They work BOTH ways...It is good you are participating and are NOT apethetic. It's just you need to clean up your lines a bit before getting so frustrated. Until you understand the lines and live within them, the view is quite different. May I suggest you run for a BOD position? That may truly be the resolution you need so to help everyone and yourself...Good luck!

Richard:

let me add my 2 cents into this, I keep seeing in this thread that the BOD has ultimate authority and in reality that isn't true. You and your fellow homeowners have the ability per your documents to recall and get rid or board members. The homeowners own the ultimate authority, if your not happy with how the folks elected are making decisions then you can get rid or them through the process.