Retaliation

Just a few weeks ago, I organized a community walk awareness of our common areas. The homes owners were outraged when they witness for themselves the deplorable conditions of our common areas, from dead trees, hedges, lack of irrigation, no mulch in the common areas etc. As a result, the management company got a hold of her attorney and blatantly accused me of "illegal acts of harassment and staking, using profanity, stating false statements of facts." Also, "That contacting the management company constitutes harassment and defamation." "The board and attorney have instructed the management company to completely ignore and avoid me. Also, the management company is concern for the personal safety of herself and her staff.

This all stems from gathering a group of homeowners to see for themselves the lack of representation we are getting from this management company. As a result they are trying to suppress y freedom of speech. I don't use profanity, especially, when conducting community issues. I have tried to contact the management company because the HOA, will not return email nor phone calls. In addition, they have been in recess for 3 months. The very next day after the community walk I called the management company and got no reply. Called a second time, this time I was able to get a hold of a staff member and pretty much pleaded with her that she conveys to the manager that I am trying to communicate with her in hopes of walking around our common areas and community.

As a result, instead of helping us resolve the issues I get a letter from her attorney, go figure. The HOA should not have taken sides but should of have contacted me to get the facts, and for her to produce evidence of her accusations. But instead voted on her behave.

At this point I feel that my persona has be trashed with blatant lies, as a consequence of my actions to speak to the members of our community.

Some feed back would help................................

Why should they volunteer to do something that they are paying for?

It sounds like they are not maintaining what they have. That wouldn't be improvements.

I hold monthly board meetings just so people have a chance to bring up whatever they want.

Jose it's easy to blame the MC but at the end of the day the MC reports to and follows the directions of the Board of directors. This is where it seems the problem lies and maybe its time to recall them and replace them with volunteers willing to do the job. But first and this is very important, what do you know of the financial health of your HOA? The Board may be shirking their duties OR and this is a big OR they may not have the funds to do anything because a large percentage of your fellow homeowners are delinquent in their assessments. I'm also not an expert on FL weather or horticulture but it may simply be the wrong time of year to be replacing dead or dying plants, something else you should consider.

But my major concern if I were you would be the Board who has taken three months off!

Thanks for responding to my subject: Yes, we have addressed the issues of our common areas for several years now to a point where I organized a "common area walk awareness." We had a great turnout and as a result the Board went into action and address the problem. But within a couple of months it's business as usual. In the mean time, dead hedges and trees have not be replaced, mulch or proper irrigation system installed. However, they do cut, trim & irrigate an area that belongs to the county but yet neglect our common areas, go figure. The Board been on resess for three months in the mean time this place looks pathetic. They meet once a month. Right after the elections, which will be held in Oct, they take Nov. & Dec off as well.

Sounds like a money problem. I'm on our Board and we have had to make some difficult decisions about what to fund. Landscaping is usually the first to go. We will soon raise the monthly assessment fee which isn't going to be popular but is necessary to meet our budget and maintain common areas.

I cannot speak to your management company issues or that your BOD takes time off. Both of those things need to be fixed. Interested owners need to become involved . Turning things around will take time and people willing to step up, learn and make good decisions.

There has been a great deal of miss used funds. Really bad decisions have taken place. Some irreversible. The fall out of our economy made thing really rough for everyone. However, our situation started long before the collapse of the economy. Very bad decisions regarding not only our common areas but enforcing our bi-laws. One example, every home received 4 hard wood trees. Two in the front yard two in the rear. Within 5 years over 600 Oak trees were removed or destroyed by the homeowners. Now, our doc are very clear. They state that every home must have the required 4 hard wood trees on their lot. Guess what? We continue to see more and more trees destroyed every year and nothing is being done about it. Just one of the many issues that for several years I have address with all the prior Boards and MC.

Thank you so much for responding to our situation.

I would ask who is bringing the lawsuit against you? That is important. If it the MC, then they should be using their funds to do so. If they are using the HOA's money, then that is an issue. That money comes from ALL the members. The HOa suing its own member? You may want to address this as I am sure your fellow supporters would NOT be happy the HOa using their funds this way. I would file a counter suit if they ever did sue. It can be for about anything like your legal costs for fighting a frivolous suit. The bases of which case can be tossed out or you get your expenses back.

The board does not know their relationship to the MC like the members seem not too... The MC is a HIRED contractor to the HOA. They are to do what the board tells them to do. I would want to know more about your financial situation of your HOa before going off on it NOT doing anything. Ya may not be able to afford this maintenance without raising dues or a special assessment.

Trees are NOT always our friends. I love trees but there is reality too. We had a beetle infestation in some of ours. Bradfords break off in storms. Some get too big and causes issues. Consult an aborist for the best tree options. We have tree board in our city. They give great advice on what trees to plant in what areas. Believe me, Southern pines are NOT safe trees to have. Subject to infection and falling down with weak root systems. I have a giant Oak which is nice but terrible root problem that can not mow.