Special Assessment

As you are in California I would assume your Board holds open monthly meetings. Correct? And did you in fact attend the November meeting when you recieved this notice? How about December? January? February? Over the 6.5 years how often have you attended meetings.

The Board is elected? If so that would suggest the others owners are either happy with the job they are doing OR have no idea what the Board is doing and just mail in more money when requested.

How old is the property? What projects does the Board plan to take on with this new money? Is there a real need for this work to be done? All questions that would need to be answered.

Your amount of monthly payments cannot be compared with other properties as each is different with different costs, histories and issues. Whether the $400+ you now pay is fair, accepatable or justified impossible to really tell minus any real facts as the the property's financials.

And is it you now suggest the Board has no fiduciary "relationship" what does that mean exactly? Are you suggesting their plan is to ruin their own property? Destroy their own homes? Jack up their own costs and make worthless their investments?

And the Board member who told you about the $8,000 spent to squeeze more mioney out of the owners (forgetting they too are owners) what did this person do while this terrible activity was going on? Have you seen the invoices fo0r these services? Is it listed as "legal conference to jack up owners fees"? Why OH why would a Board member wish to pay more than necessary? Do Board members in fact pay dues and assessments?

My suggestion gather facts and knowledge not assumptions and gossip. Require the Board member back up what they claim has happened if not you might find yourself played for a fool. And as suggested make the time, find the time to attend the monthly meetings maybe you might be provided an explanation to you concerns and accusations....

Pam-
JonD is right.

The fact that your board holds 6 meetings per year tells me that they are probably following your bylaws. I know this because most property managers would push for the D-S bare minimum of 4 meetings/year for a CID as small as yours.

Of course, a 36 unit CID is no prize for a PM Co., (they can charge a larger CID much more for almost the same amount of work) so they may be nickel and dime -ing your HOA.

BTW- there is a great article by Paul Collins about this topic which I can't find in the ECHO archives, but maybe someone knows where to find it. You, Pam, could likely get a copy for yourself if you email the author at Collins Management. I remember being surprised to find something so candid when I first read it. I would encourage you to find and read it as part of the education campaign you should undertake if you are truly interested in understanding the facts about how and why your condo Board does what they do.

If you are sure you can't find any mention of the alleged $8000 legal bill in the budget, you can always request the general ledger/cancelled check register under Civil Code §1365.2.

I would suspect, however that what you think you heard was exaggerated. There are many ways a board could legitimately spend thousands in legal fees, which could be described as an attempt to "make members pay for more things." What comes to mind immediately is a painstaking process of a formulating a maintenance matrix to outline exactly what is the responsibility of the HOA and what falls to the individual owners. In the long run this action could save tens or hundreds of thousands in disputed repair costs over time. Just a guess.

The bottom line is that your dues are high because your development is so small. But then, perhaps the size is why so many of the owners stay put. So it does not necessarily mean that a relatively high monthly assessment of $437 (without the temporary special assessment) is so high as to make your property unsell-able. It is unfortunate for you that you may have bought at a time when prices were so high that you'll have trouble recouping your investment and making profit if you sell now.

So stay put and learn as much as you can. Get yourself on the board after you have done so, and I think you may find that your BOD is doing a better job than you think.

Elaine

p.s.: I Can't remember where I saw this survey, but polling data reflects that in California, 50% funding of reserves puts your CID way ahead of the game relatively speaking. My daughter's HOA is only 22% funded and it's one of the most desirable in town to live in!

Elaine , Thank you for your thoughts! i will check to see if i can get info from from Collins Mgt. You are so correct in being nickel and dimed from Mgt. We are charged $1250. per month and another $1800 annual for mailings. There is another Co. in town that charges a flat 625. to manage another condo project on a lake with 36 units. I asked the BOD to consider a move to this Co. after our management co. was found guilty of embezzlement of 1M . The Board would have nothing to do with it. For whatever reason they hooked to this Co. I cannot figure it out. Our city has filed for bankruptcy and and has been at one #1 in foreclosure so things are bleak here. I may not have a choice but to stay put.
John, your idea is a great idea and I believe has been suggested by other members in the past, but again they are stuck on this Co.

I do know they Mngt.Co was taking kickbacks from a plumbing co. because the plumber told me thats why they were here so often. So I went to a meeting and raised this notion and let them know i did not want them back on the property and they have never returned. NOT GOSSIP

I guess maybe it would be time to exercise my rights as Elaine suggested and examine checking accounts, etc.

I could only wish for a BOD that knew the laws and and covenants, that would be fabulous. Our Board relies on what the Management tells them what to do??? Go figure?? I have had to let the management co know what the CC&R's say...What a circus!!

I so appreciate all comments, thank you.