HOA mgmt company fault & Asphalt reseal

We had to reseal the driveway two weeks ago. Unfortunately there were 3 cars parked (owned by one homeowner) and not towed although we gave homeowners notices and posted a sign a month before the project. Therefore those area (3 car parking area)400-600sq.ft were not revealed.

HOA mgmt company told us three days (We had a hoa meeting) before the Asphalt project that they would be at the site on that morning. HOA mgmt company claims that they were at the site around 8:30 AM and did not see the cars parked in the morning. We have just 41 units which means very small condo community. We have a parking lot for 15 cars. All homes have their own garages. If a lady from HOA mgmt company were at the site, if what she said is true, then she did not get off the car and just passed by. Or she is telling us lie.

Asphalt company said, they contacted HOA management company and left a message to her (HOA mgmt lady) office number that they could not start a project because of those cars. Since they could not get a return call from her soon, a bit later Asphalt company started to reseal the driveway with leaving those area not resealed.

Asphalt company said, there will be additional cost ($2100) to come back to reseal those area. First time, the manager from Asphalt company told me the additional charge should be billed to Hoa management company and homeowners.

I am not sure how or what hoa management company and Asphalt company communicated after the Asphalt manager talked to me. Now HOA management company said, all charge will be billed to the homeowner. Currently, Asphalt company is avoiding my phone calls and email. I keep calling them to schedule to reseal it. They also promised that they would do some touch up for small area for free of charge and complete to paint STOP sign.

My concern is what if the homeowner refuses to pay and come back to HOA with claiming, if those car were towed, it would only cost around $500, instead of $2,100. To my knowledge, that mostly likely could happen.

From my personal perspective, this HOA management company should be responsible for their employee lousy job. If HOA management company tow those cars, then there would be no additional cost incurred. Former board member who just resigned yesterday has tried to charge all cost the homeowner without asking any fault to the HOA management company, but I don't think this is right.

HOA company now told us we should have requested them to watch the project with paying extra $400, then this terrible happening could be prevented. This comment drove me crazy. We are paying more than $1,000 per month for hoa management fee!!!

Is there any way to resolve this issue? I looked at the contract with HOA company. There is no specifically described on their duties or responsibility with vendors.

Thank you for reading this.

I would want to see the contract between the asphalt company and the mgmt. company. Maybe there is something in there about all cars being clear before the work begins. If they started the work and there will still cars left, they may be at fault and cut you a discount on the 3 additional spots the next time they are sealing in your area.

As far as getting the mgmt company to pay for the work, good luck with that. I doubt you could get them to do that.

PS. Your mgmt company doesn't sound very customer oriented. I'd shop around for a new one and work toward transitioning to a new one as their contract expires.

You cannot prove negligence on any party's part...only that dues payers didn't listen to their board's direction and were not sanctioned for their refusal to re-locate their car. The deal is between the HOA and the contractor. A PM can't enter those agreements.

If you're a small HOA, why could not one single board member check in with the company?

100% delegation of all HOA duties to off-site property management firms create these situations.

I side with Tim on this one.

Property managers provide for a measure of "Cruise Control" in HOA operations but do not allow board members to remove their collective hands from the wheel. Never.

Lisa,

The good thing is that there are people like you who are willing to serve and will take the time to learn what should be done and the correct way of doing it. Yes, as a single voice/vote you might not always win. However, you sometimes do win and things change, and they change for the better. That is what counts. You are winning the war not the battle, so it's ok to lose a battle now and then.

Tim