My HOA is making me use an expensive vendor

Started by BenB5 • 24 replies • 2204 views

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BenB5 (Florida)
Posts: 8

Posted:

Can they do this? I want to enclose a patio on the third floor of my house and I got two bids from reputable (and large) contractors. The HOA is telling me that I can't use them and I must use an approved vendor. Well, that is now just one company and it's two brothers. Their quote is 2.5x more than the large companies.

Can they really make me use these brothers? I will simply not do it if so, and told the Hoa this, and no one seems to care.

Any advice?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

if you are not the troll who is presently B Breaking I apologize

if you are

may you get the seven year itch seven times in a row

and

and

may all your fingernails fall out

BenB5 (Florida)
Posts: 8

Posted:

Well, do you know anything about finding a way to use my vendor? They are almost a household name in these parts and I think its absurd I can't use them.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

if you are a condo or even attached townhouse

the answer may be yes, they can

if you are a stand alone fee simple private home - probably NOT

either way you will need legal help from an attorney to force compliance with your rights if they are obtuse

BenB5 (Florida)
Posts: 8

Posted:

It's a stand alone. I am not exactly in a Postion to get into a legal fight from a financial stand point. Should I run a yellow light and just build it?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

no way

that would GUARANTEE a legal fight

except that you would be fighting the fines and trying to remove the lien

oh wait

you can't afford a legal fight

but

you are considering 'running a yellow light'

TROLL

ya got me ha ha he he

BenB5 (Florida)
Posts: 8

Posted:

I don't see what's funny. If you are saying I am in the right since it is stand alone than why not just build it?

BenB5 (Florida)
Posts: 8

Posted:

Is there a moderator to deal with this guy john? This is harassment at this point.

In the mean time, can anyone give me actual advice without threatening me? This guy is really making me regret signing up for this site. I am not a Hoa expert at all and would appreciate some help.

RichardP13 (California)
Posts: 1,767

Posted:

I think to be on the safe side, I would retain the services on an HOA attorney. That way when you run the "yellow light" you won't get run over by a freight train.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

I apologize.

Your sign-up was coincidental with a horrific troll. I have no patience.

The desired modification will require architectural committee/board approval and, probably, a building permit from the authority having jurisdiction.

If the committee approves the project - you are 'good to go'.

If the committee disapproves there is most likely a specified appeals procedure.

If the committee approves the project AND conditions that approval upon using a specific vendor of their choosing you would need to appeal their decision to the BOD.

FIRST ask politely WHY they want you to use the specified vendor. Juuuuust perhaps it would ensure the work was done PROPERLY according to building 'specs' and not just merely 'who flung dung and run' by the lowest possible bidder.

AFTER the BOD rules on your appeal IN WRITING unfavorably you would have to decide whether pursuing the matter further with legal help is worthwhile.

UNDER NO repeat NO circumstances would proceeding w/o approval be a good idea.

They could/would:

Issue a stop construction order.
Issue a notice of violation (which would be accurate and true).
Impose fines (possibly daily) until structure removal.
Place a lien on your property.
Petition for an injunction COURT ORDERING its removal.
Possibly even foreclose on your home.

All the above will/may occur IF YOU VIOLATE THE APPROVAL PROCEDURE

Read your CC&Rs
Follow application procedure(s)
Appeal to BOD if necessary

Decide if the issue is worth pursuing legally - you will have gained time to think.

REMEBER: LOSER PAYS ALL LEGAL FEES

BanksS
Posts: 403

Posted:

I am skeptical of this post. My interpretation of a patio is an outside area at ground level made of concrete, brick, stone, or I suppose one could stretch it to include wood. How would you have a patio on the 3rd floor?

Maybe there is such a thing but not where I live. If there is indeed such a thing, I would not proceed without doing some intensive research. Are you getting just a verbal you can't use the vendor you choose from the Board? Are you checking your HOA docs that specify you have to have HOA vendor approval? Start there. I would not proceed with the project without doing your homework.

BenB5 (Florida)
Posts: 8

Posted:

Thanks John. You have definetley convinced me to not build against their wishes.

I have taken my architectural drawings to the board and they are fine with the plan. A few neighbors have done this, but it was years ago before the crash. No one has done much since 2008. They denied it, in writing, and stated that the reason was I was not using an approved vendor.

The problem is that there is just one single approved vendor. That is it. It stinks to high heaven if you ask me. They have a complete monopoly and know it thus charge whatever they like. They did tell me that is so they can ensure quality construction and to keep the integrity of the neighborhood. But there is more than one contractor that can do IMHO.

So I guess I formally appeal. Should I get an attorney for that? As I said, I really would like to handle without an attorney. I find them to be expensive and I am just not litigious.

BenB5 (Florida)
Posts: 8

Posted:

Banks - clearly you have not spent much time in the panhandle in Florida. Most homes are three stories, narrow like a town home, and then have two patios on the third floor. These are built to enjoy a cocktail at the sun sets.

We want to enclose the area of one of them to make a bunk room for grand kids. I simply can't afford to pay $38,000 though. $14,000 is in budget and I even have approval from a bank for a HELOC for $7500 which greatly helps.

I also have a feeling that there is some deal with this company and the Hoa. I can't prove it, but it just stinks. At least to me.

BanksS
Posts: 403

Posted:

Quote:

Posted By BenB5 on 01/25/2014 12:59 PM
Banks - clearly you have not spent much time in the panhandle in Florida. Most homes are three stories, narrow like a town home, and then have two patios on the third floor. These are built to enjoy a cocktail at the sun sets.

We want to enclose the area of one of them to make a bunk room for grand kids. I simply can't afford to pay $38,000 though. $14,000 is in budget and I even have approval from a bank for a HELOC for $7500 which greatly helps.

I also have a feeling that there is some deal with this company and the Hoa. I can't prove it, but it just stinks. At least to me.

You are right. I have never been to the Florida panhandle. You would rarely see a 3-story house in Iowa. Now that you explained it, I have seen the type of house you describe on HGTV. And it does sound like a lovely idea but one that could go incredibly bad if you don't dot your i's and cross your t's.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

If I understand....

The BOD has approved the plans.

BUT

They are specifying a particular vendor.

1) have your vendor contact the BOD on his own behalf - restraint of trade?

2) have a more detailed proposal and guarantee of 'conformity' from your vendor to present with your appeal re: vendor

3) ask to see the section of the CC&Rs granting BOD the authority to specify vendor

last resort (after the final answer in writing from BOD):

have an attorney (versed in contract law) present the BOD with a letter 'explaining' your right to construct after plan approval - a simple letter should cost abot $250 but may/will set the legal cogs turning with answers, bills, assessments, etc.

you may to at least try the ACLU with this ? first - can they specify vendor after approving project?

also try the same ? with your local paper

GET ALL REPLIES FROM BOD SIGNED
certified mail return receipt requested is your best friend

best of luck

CAVEAT EMPTOR

again, my apologies

JohnB26 (South Carolina)
Posts: 1,569

Posted:

pps.

adding a new bedroom where there was once an open porch is a project of about $22,000-30,000 ~ $38,000 to do it right is reasonable

depending on where in FL you may be looking at a (by code) wind load of 150 mph for 30 seconds

you may NO LONGER use the room which was on the porch as a bedroom

(you read that correctly)

so, if a bedroom faced the porch you will NOT gain a bedroom by converting

you could 'open it up' into a large multi-occupant 'dorm' type bedroom

YOU MAY NOT repeat NOT have a walk-through bedroom - PERIOD

also don't forget:
electric
HVAC (required fixed source of permanent heat)
fire code (escape) - third story window ok ?
insulation in floor of new room
etc etc etc

almost sounds like your BOD actually has a valid point, even if non enforceable

JohnB26 (South Carolina)
Posts: 1,569

Posted:

ppps.

and then have two patios on the third floor. These are built to enjoy a cocktail at the sun sets.

or built to act as a fire escape stage required by code but MARKETED as an ammenity

TimB4 (Tennessee)
Posts: 21,059

Posted:

Ben,

It is likely going to depend on what your governing documents say. If they say only approved builders, then those are the conditions you agreed to.

I would suggest, after you do your research, to ask for a hearing before the Board. At the hearing ask:

1) What is the approval process for builders (so you might be able to do the work and have the contractor you want be approved)?

RodgerG1 (Missouri)
Posts: 10

Posted:

If I were you I would just build it and take my chances. No one has to know who you used and you can always lie. Just tell them and don't show them documentation. I doubt they will pursue it if it looks nice.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Rodger,

I would disagree with that advice.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By BenB5 on 01/25/2014 12:17 PM
Is there a moderator to deal with this guy john? This is harassment at this point.

In the mean time, can anyone give me actual advice without threatening me? This guy is really making me regret signing up for this site. I am not a Hoa expert at all and would appreciate some help.

BenB5 is the same troll who has been behind all the nonsensical postings that have recently flooded this site. In one of his other posts under one of his other user names he made a similar appeal to the moderator because he said I was harassing him for calling him him a moron. Then he proved that he was a moron by posting racial and sexual crap. Play his game if you wish, but this is likely to be my only comment on this thread.

ValerieS2 (Michigan)
Posts: 244

Posted:

John are you REALLY that naïve?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

;)

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