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HairaM (California)
Posts: 2
Posted:
I'm aware that HOATalk is for and by HOA professionals. This may exclude me from using and benefiting from the information shared by the participants here as I'm an ordinary tenant. What prompts me to seek out the information about HOA is a series of recent instances in our community that was badly and unfairly handled by the presdient of our HOA board of directors. As a tenant, what can I do to address the impropriety of her actions?
BrianB (California)
Posts: 2,820
Posted:
Haira, if HOA talk is for and by professionals only, I need to leave. This is a forum by people who live, work, and play with HOA's, not all of whom are professional.

Tell us more about the situation, and we may be able to help.
RonaldW (South Carolina)
Posts: 901
Posted:
As a tenant, what can I do to address the impropriety of her actions?


The "impropriety of her actions" is often subjective.

Attend meetings, volunteer for committees, run for office on the BOD. You may find that her actions were proper under the circumstances. At least you'll have an idea about how things work and may eventually have a voice in the operation of the association.

Ron
SC
WilliamT (Arizona)
Posts: 489
Posted:
Usually only members of the association (owners on the deed) can be on the board of directors.

A tenant can attend meetings if the board allows, and they should. And there is no reason why a tenant cannot be on a committee. I think that's a good idea.
RonaldW (South Carolina)
Posts: 901
Posted:
OK, I missed the word "tenant".

The BOD is responsible to the property owners only, not tenants. If a tenant is unhappy with the BOD or HOA, his or her recourse is to deal with the owner of the property that he or she is renting from. It's also the responsibility of the owner to see to it that any tenants abide by any association CC&Rs or "rules".

Ron
SC
PatrickH (California)
Posts: 204
Posted:
Haira, explain your concerns to the owner of your unit. They may not live there and are probably unaware of what you are concerned about. As an owner, they have the rights to go to the Board and the property manager to question the situation and demand answers.
MikeS1
Posts: 668
Posted:
I agree with Ron here - Although the Board doesn't have to hear the tenant; some CCR's say that if the owner gives written permision for the tenant to speak to the board at the board meeting, then they may do so.
HairaM (California)
Posts: 2
Posted:
Owing much to your responses, I'm already learning about the nature of HOA. Which is my intention of posting my message. The incident is that the unit right above mine was purchased by a new owner and apparently extensive work is being done to fix up the unit. The problem is the noise. He has his people work in the unit over the weekend, and they normally start from 7 to 8 O'clock in the morning and press on all day till 7 to 8 O'clock in the evening. The banging, drilling, large footsteps of the men, their loud talk and the music...I find it too much to bear. But given what little I know about HOA, I assume he must have gotten a permission from the Board to go ahead with the construction so I just endure. When they kept this up till 8 in the evening this Saturday, I felt the need to talk with the president of our HOA and hoped she would give me some relief. And her response was basically as the owner of the unit, he was allowed to do whatever he wished to do as along as he followed the guidelines set by the HOA. As I continued on expressing my frustration over the circumstance, another tenant who lives right next door to me approached us and said the same thing about the noise. In the end, she simply dismissed both of us saying something like she didn't need to deal with the tenants. Besides this incident, I've experienced a few where I felt that I was being treated like a second-class citizen just because I am a tenant. At any event, I wrote an email to the owner of my unit explaining the circumstance. His initial response via email to me was that he would forward my message to the management company and see if he could help. But then a few seconds later, he called and said he received a call from the president of the HOA and told me basically not much could be done as the new owner was following the procedure. So I assume he was influenced by the phone call from the president and decided to take a different course of action....

Rather than the little details entailing the incident, I am very much concerned about the general atmosphere. It seems the message is loud and clear...as a tenant, basically I have to take it, and if I don't like the situtaion, I should move or become an owner myself. I guess I'm saddened by such notion more than the actual incident....Life isn't fair, I know.- But there should be some check and balance....
MikeS1
Posts: 668
Posted:
Although there might me some references to "quiet enjoyment" in the CCR's, I'm not so sure that the HOA has much to say regarding this problem. You might have the owner check the HOA docs and see if they address any of this, but I'm doubting that the HOA docs will be of any help. Then there's the possibility that the local Zoning authorities might have noise ordinances, but the hours that you referenced sound like they would normally fall into the range of normal working hours. The other thing that I would be curious about would be the scope of the work going on in the condo. Are they required to get a buiding permit?... and then, do the condo docs require the owner to get permission from the HOA to do this work? None of this may help, but I've send scenarios where the owner renovated the kitchen and then there's subsequent water damage due to a water leak. Regarding your problem of how you're being treated.... - Renter's are important to the real estate market and they should be treated with respect. It's up to the HOA, the Property Management company and all the residents to improve communications and relations between all parties here.
RonaldW (South Carolina)
Posts: 901
Posted:
...... ...as a tenant, basically I have to take it, and if I don't like the situtaion, I should move or become an owner myself....


That's pretty much it. Your dealings are with the owner (your landlord). Discuss it with him. Tell him you want a discount on your rent. Tell him you'll break the lease and move. Take him to court.

Building renovations often involve noise. They can't use rubber hammers and it's unreasonable to expect them to use hand drills and saws to keep the noise down. The hours you mention are not unreasonable.

You realize that the repairs will be finished eventually don't you?

Ron
SC
LindaC3 (Florida)
Posts: 526
Posted:
You also may want to check to see if the HOA has a rule with regards to hours of construction. We have a time time frame from 8 a.m. to 5 p.m. and NO SUNDAYS OR HOLIDAYS... Each contractor or owner are provided with the rule packet about building and they must sign and acknowledge each rule-We also ask that they provide the sub contractors name and vehicle with tag number so we can properly identify them as non residents.Also the disclaimer about damage to common land damage from their equipment .....I feel your pain about the noise but it's no the type of noise that they are intentionally inflicting upon you- It's a work in progress and eventually it will be completed....Maybe a good set of earplugs for the duration ??? Linda C

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