How to get justice against bod decision - conflict of interest!!!

Started by SreedharI • 10 replies • 1446 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SreedharI (Virginia)
Posts: 5

Posted:

Our SF (Single Family 63 units) section was added to the existing TH (Town Home - 155 units) HOA. Majority of bod are from TH and they keep taking decsions favoring TH homes. This is regarding the recent landscaping contract awarded to a company that one of the bod has connections. Two bids that made to the final round of discussion had around $55 for SF lawn maintenance & around $35 for TH. The one they picked charged $63 for SF and $20 for TH will cost $20 more per month for SF in the next year onwards. One board member from SF questioned the deal and had arguements with other bod. He was censured. How can SF residents tackle this issue and get justice from bod? Email chains are running amongst SF residents but is having no effect. Letters to HOA management company has no response. BOD do not listen to owners coming to meetings.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Sreedhar,

I would recommend that you recall the board and elect new Directors.

Other options are:

1) Amend the governing documents to provide x Directors from TH and x from SF
2) Split the Association in two. Have one for the TH and one for SF

Honestly, as long as there is a we vs. they (SF vs. TH) attitude from the members and Directors, your Association will likely continue to have issues. Personally I would recommend splitting the Association into two. Perhaps you can gather a group of like minded members from both sides and call a special meeting to vote on splitting into two Associations.

PaulM18 (Virginia)
Posts: 46

Posted:

Ok... Before I jump to conclusions... Can we get a bit more info...

Do the SF and TH folks pay different HOA Dues?

Do you pay for the lawn care seperately from the HOA Dues?

Paul

SreedharI (Virginia)
Posts: 5

Posted:

Thank you Tim & Paul for your replies.

Overwhelming majority from SF fought for justice last year and had a special meeting to get justice or separate from the assoication. BOD came with lawyer from management company.

HOA dues are same till now. Roof maintenance for TH is part of the documents. They keep adding other services such as painting trim+doors+deck, gutter cleaning/replacement etc. to make up for the difference in the lawn maintenance. We fought to separate the charges going forward in the special meeting. They even painted few TH homes that included BOD Presidents home saying it is already approved. I questioned this through a letter addressed to Mgmt company and see that there was no Reserve Study done for any of the items nor any funds reserved. Engineers and Mgmt proposed 30000 Reserve to begin with for any roof work. President declined and made it 5000. They separated all line items going forward. SF will pay $4 for trash removal etc. Landscaping is the big item for which they decided to award contract that quoted much less for TH. I questioned through email, if they will get the same price if SF landscaping is removed? No replies. SF residents are planning to protest again or pool in some money to get a lawyer.

Please advice.

SreedharI (Virginia)
Posts: 5

Posted:

I would like to add the following.

1. There are 4 from TH and one from SF in BOD. One member from SF is being harassed every time we go in the BOD meeting that included a censure motion against him in the last meeting.

2. In the election held recently irrespective of getting overwhelming support from SF, candidate from SF fell short due to strong canvassing on TH side led by members from BOD.

3. 12 ADU units in the community are also fed up with the association due to high costs.

4. In the Special meeting convened last yr, lawyer from Mgmt company said it is not impossible to split the assoication, but is unheard of in VA and requires 2/3 support from owners which is impossible to get.

5. I suggested BOD to comprise of 2 from SF, 2 from TH and one from ADU through Mgmt company, but is falling on deaf ears.

PaulM18 (Virginia)
Posts: 46

Posted:

Ok,

I'm with Tim... your best bet is to split the association it sounds like...

I'm surprised that maintenance for the TH's are covered by the HOA... that sounds more like a condo set up (my last HOA the owner was responsible for thier roof and exterior maintenance)

If it was just landscaping and the dues were the same I'd say the second contract made more sense..

Even so the 2nd contract overall benifits the most homes (raises SF mowing cost by $8 and lowers cost on TH by $15... Overall the second contract is $1800 cheaper.

The best option would be to have two seperate contracts for the two areas.

Paul

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 11/08/2012 8:29 AM
Sreedhar,

I would recommend that you recall the board and elect new Directors.

Other options are:

1) Amend the governing documents to provide x Directors from TH and x from SF
2) Split the Association in two. Have one for the TH and one for SF

Honestly, as long as there is a we vs. they (SF vs. TH) attitude from the members and Directors, your Association will likely continue to have issues. Personally I would recommend splitting the Association into two. Perhaps you can gather a group of like minded members from both sides and call a special meeting to vote on splitting into two Associations.

I agree it might be best to split the association.

Are there any common amenities that you all share like pools, etc.?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By PaulM18 on 11/08/2012 9:48 AM
Ok,

I'm with Tim... your best bet is to split the association it sounds like...

I'm surprised that maintenance for the TH's are covered by the HOA... that sounds more like a condo set up (my last HOA the owner was responsible for thier roof and exterior maintenance)

If it was just landscaping and the dues were the same I'd say the second contract made more sense..

Even so the 2nd contract overall benifits the most homes (raises SF mowing cost by $8 and lowers cost on TH by $15... Overall the second contract is $1800 cheaper.

The best option would be to have two seperate contracts for the two areas.

Paul

Paul

In the two townhome associations I have lived in (3-4 side by side townhomes per building), the association was responsible for all outside building maintenance and landscaping. This was the way continuity was maintained.

GlenL (Ohio)
Posts: 5,491

Posted:

Sreedhar, not to be unkind but I would like to remind you that you of your own volition purchased a home there. You need to read the CC&R's carefully, they should spell out how assessments, reserves and maintenance are to be apportioned. While the cost of the landscape may sound disproportionate if the landscaper has three times the work to do for the SF (three times the work, not the area) than for the TH, then the price is not out of line.

Studies show that 5 out of 4 people have problems with fractions

SreedharI (Virginia)
Posts: 5

Posted:

Thanks for all the feedback.

This is not the experience of few home owners in SF. Most of us feel betrayed by this set up.

1. There is lack of trust and we feel there was behind the scene adjustment in selecting the bid and manipulation of numbers. BOD was all in praise of this company who works for one of BOD. While only roof repair is in CCR, they keep adding services for TH. My argument to stay away from individual homes go to deaf ears. 30000 was spent from common pool for painting few homes without any reserve. Our protest has made them separate the costs, but they are coming back with this approach. How do we make them do separate contracts? Is separating from the association feasible when we are minority? Is legal action the only way out here? If so does it cost a lot to begin with? Are there any consumer protection agency available for us?

SreedharI (Virginia)
Posts: 5

Posted:

One more point to add. All TH have deck and fence and so may not be as easy as SF to mow. They can easily run through SF backyard and front. So the work may only be double. All except one bid who works for one of BOD in other contracts (to the tune of more than half million as per his own words) has delta of $17 to $20 only. Delta is $43 for this bid. In the meeting all officers from TH representing BOD were in praise of this bid, though it is $10000 more overall. They gave A+ to this company. One officer from SF side, protested and even argued to take the average of other contracts to determine delta and select the same bid.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here