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DaryleH1 (Colorado)
Posts: 3
Posted:
What recourse does a homeowner have if the HOA which formerly covered roofs, etc, now has dropped insurance. Just got notice that it will reduce fees ($215) month by $10. How can we fight this? How can we get rid of builder/management HOA for good?
GlenL (Ohio)
Posts: 5,491
Posted:
Duplicate post: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/132694/view/topic/Default.aspx

Studies show that 5 out of 4 people have problems with fractions
DaryleH1 (Colorado)
Posts: 3
Posted:
Situation: patio homes for seniors built and sold out by '98 or so. Mgmt co has control of HOA - at least that is what they call it. Fees covered insurance - 'studs out' and roof. Then there was a hail storm last year that caused damage. HOA decided that it didn't want to go thru that again [they charged assessment of 4% of property value to cover] so they gave notice that they were lessening the insurance this year and dropping altogether by Jan '13. Now they are refunding $10/ month as of July 1 to 'make up for the inconvenience of having to get our own insurance.'

Who do I go to to see if they are even allowed to do this? Do I go around to all the homes and hope to get everyone upset also? Legal recourse??? (My mother owned and now it is me renting out to another couple as I already have a home and the market sucks)

Thanks to all the people responding.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Daryle,

You need to read your governing documents. If the CC&Rs, Articles of Incorporation or Bylaws specify that certain elements are to be maintained by the Association, then the Board may not refuse to cover those areas unless those documents are amended.

Please note, some Associations allow the Board to amend some or all of those documents on their own. Therefore, you need to verify who has the authority to amend the documents as well.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Daryle

I agree with Tim.

Our HOA dues cover house "shell" meaning the outside of the house (patio homes). Recently a homeowner asked the association to fix some damage done to his siding by a wind storm. Upon BOD review of the docs, and two lawyers peeing at each other, it was agreed the docs covered normal wear and tear, not "damage".

It was also decided as a result of this, to "further clarify" our docs on this issue.

In this "damage" case, the homeowner will be turning to his homeowners insurance which is mandatory here and the HOA is also named as co-beneficiary??? so the HOA has recourse if a home is damaged, covered by homeowners insurance, and not repaired. This might well be another subject.

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