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JasonY (California)
Posts: 1
Posted:
When I originally moved into my townhome 4 years ago (there are 4 units total), I never received
a copy of the CC&R's. I was appointented the title as "president" by the
existing treasurer without the other 2 parties really getting involved, but they didn't mind.

Everything has been fine up until recently when one of the homeowners
requested that her gutter be repaired. We just recently put a new roof on the
building which literally used all the money in the HOA account.

Because of this, the gutter repair has been delayed and now she's saying
that she no longer wants the HOA to take care of ANY of her exterior problems regarding
her side of the building and that she will hire the people herself and just send
the HOA the bill because I took to long to respond to her needs.

I told her that it was unacceptable because we already had a repairman scheduled, but
she said she would refuse him to do the work and is now questioning the validity of
my position as President.

1 of the other homeowners doesn't want to get involed and the treasurer is giving into her demands.

It feels like there is no structure to this HOA whatsoever at this point and for me to continue
owning this property, I feel that some order is needed.
TracyT (Maryland)
Posts: 228
Posted:
"We just recently put a new roof on the building which literally used all the money in the HOA account."

So there are 4 homes and each home represents a position on the Board. Did I understand that correctly? If so, then she should be aware of the finacial situation.

If another board member has not shared your CCRs with you then you should be able to get a copy from the state/county record repository (check your state generally assembly site or follow the link from this web site to find out where it is. You can probably download the document from your states record archive site).

When you receive the document find out who is responsible for exterior maintenance the HOA or owner. Also, see if there is special assessment process?

I wouldn't worry about her comments about your appointment but if you are concerned then change positions within the board.

Good luck.
Tracy
GloriaM (North Carolina)
Posts: 829
Posted:
If she hires the contractor, she has to pay for that service. She needs to be told only the board can hire contractors to do work for the HOA.

The board is the governing body and is the one that adopts policy and rules and regualtions.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may want to remind this member that the HOA is ONLY funded by the owners FOR the owners. There is NO other source of income. So if she wants the work done, then the HOA is going to have to have a "special assessment" of ALL the owners to gather the money to get the repair done.
She can go on and get the work done and submit the bill. However, that does NOT guarantee her the money of reimbursement. The board MUST vote if they are going to allow such reimbursements. Plus, where is the money going to come from? I am sure you don't want to foot the bill for your neighbors work.
It's not easy living in a HOA. It's also not easy to convey the idea that you ALL are shareholders in the same company. (HOA) Make sure the HOA is even responsible for such repairs as gutters as well. Don't allow one member to do something and later find out you were never responsible for it.
I would question gutters. Gutters are often times "Options" or a "Selling point" on a house. It will depend on if the builder/developer put them up or she did it on an individual basis after the sale of the house. If it is builder/developer built, then the HOA could be responsible. If she put the gutters up on her own, then not so much. I've recommended gutters be put on houses to prevent damage from a neighboring house once. However, the HOA was not responsible for putting the gutters up. We just recommended and explained the situation hoping the neighbor would comply. The HOA wouldn't be responsible for the gutters.

Former HOA President
RonaldW (South Carolina)
Posts: 901
Posted:
The HOA has no obligation to pay for unauthorized repairs. Tell he so and if she presents you with a bill, give it back to her.

Contract the contractor listed on the bill and explain this to them also.

Ron
SC

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