Board Keeps Ignoring the CCRs

Edward,

Typically, the Board of Directors has full authority over the common areas and Association contracts.

As for legalities, you would need to contact a local attorney. These can be found through the yellow pages or simply doing an internet search for attorneys near me.

In my opinion, instead of finding out if the Board can or can't establish contracts as they see fit, you may want to find out the reason why the change is occurring.

Perhaps you have a Board that doesn't want to raise assessments - so is finding other ways to minimize expenses.

Perhaps there are a lot of delinquent accounts that is forcing this action.

Perhaps your board simply can't plan a proper budget.

Perhaps the membership is voting down increases to assessments.

Perhaps expenses went up in other areas and they had to make up the difference.

Perhaps this was an extra snowy winter and the budget for snow removal was being depleted quicker than expected - and the Board didn't want to call for a special assessment.

Fortunately, Spring is in the air and, even in NJ, there shouldn't be too many more snow storms. This will give you time to better understand the reason for the Board's decision. Once you know the reason, you can decide if you want to take action to remove this board and replace them with those who will start snow removal at the 2" level or simply leave this Board in place.

In this type of situation, it would likely be someone versed in contract law (as your CC&Rs is effectively a contract).

Keep in mind that the last time my Association asked what we considered a simple question of our attorney, it cost us $600. Legal opinions typically are not inexpensive.

I would never look for a real estate lawyer when dealing with a HOA. Contradictory to popular conception... HOA's do NOT typically involve "Real Estate". A HOA is a non-profit or For-Profit Corporations. They are CONTRACTUAL agreements. They are NOT selling or buying property. Plus they typically do not even own property. They MANAGE the property. They manage it by ALL the owners or by the developer.

I know it's confusing as you naturally think HOA's deal with real estate as you bought a house in one. However, unless that HOA sold you that land, you don't have a need for a Real Estate type attorney. Real Estate attorney's mostly deal with the sell of homes, property, and verifying property ownership is clear.

Agree that Real Estate attorneys are not a good choice, but many will sell you on the idea that they are qualified and experienced in HOA law.

"Under this public service of the Burlington County Bar Association, you may have a consultation with an attorney for a nominal fee of $35 for the first half-hour consultation. During the consultation, the attorney will determine any possible solutions or courses of action, and any additional costs or fees that may be involved."

Right from the Covenants, Easements and Restrictions document!!

"7.1.5. providing for snow clearance of over two (2) inches of snow from drives, parking* lots and
walkways, as contained on the Common Property;"

So, what do we do when the board ignores what it says in the CERs and bylaws and makes changes by fiat???

As it is in the Covenants (which I find surprising that it is) I agree with Tim.

3" is most definitely over 2"

One could also interpret the provision to mean that a removal LEAVING 2" or less is required.

Best of luck in your endeavor to have the BOD comply with your covenant(s) ... be prepared to properly fund said compliance ... as YOU are obligated to pay !

We're permitted to observe at open meetings and workshops. Resident comments are permitted at open meetings and one can request a place on the agenda of workshops.

We're trying to replace two members at the next election. However, our board has become overbearing and arrogant and it's been difficult getting people to run. We're an over-55 community and I'm WAY over-55. :-)

Keep rallying support, Edward. when is the election? How many are on the board? Can you supply others examples of the Board's ignoring your CC&Rs?

Hey, we're not a 55+ HOA but have t rouge finding folks UNDER 55 to run for the Board!

My two cents:

Snow contractors typically measure snowfall in 1/4 or 1/2 inch increments. This is the industry standard.

If the local standard is 1/2 inch, then a snowfall of 2 1/2 inches would trigger an obligation to remove the snow.

Yes it is open to interpretation, but 1 inch increments IMO would exceed common practice - which ought to be an acceptable basis for resolving any questions.

It's a little late to be worrying about the wording of a 15-year-old document. :-)

oops: coffin bell ringer

http://en.wikipedia.org/wiki/Safety_coffin

Edward, you've said the board "keeps Ignoring" your CC&Rs. I "keep" asking for other examples. Can you supply some?

I don't know much about snowfall, but I've read your winter has been exceptionally harsh with lots of accumulation. Does that mean that prices went up? Or at least the cost went up because more removals were needed?

Anyway, you & your other owners keep going to meetings and demanding the Board adhere to your CC&Rs. Joint action is a lot cheaper than an attorney!

JohnB26, you just don't get it. If the CERS say 2", the Board does not have the right to arbitrarily change that, no matter how good their reason is.

I'm too old for the rigors of being a board member.

Poorly written yes, however it is clear.

When snowfall is over 2 inches the Association shall provide services to clear the walks, roads, etc.

However, and this is key in my opinion, the section cited does not specify when the clearing will begin. The Association could start the clearing after the storm is over or during the storm.

Question: Has there been a time when the snowfall was over 2 inches but below 3 inches and the Association did not clear the walkways, etc.?

Sorry, Edward, I was just curious about the Board's other violations of your CERs.

Good luck electing new members to your Board!

They didn't reinterpret what it said. Here's what management said in December, 2013:

"As you have all heard by now, we are expected to receive some more snow tomorrow. According to the most recent forecast we should not have much accumulation in any, but since there was some question about removal after the snowfall last Tuesday, I thought it might be good to remind everyone of the policy within our community.

"Should an accumulation be less than 3 inches, the contractor will not be called out unless consistent icing conditions exist as the result of a sleet or ice storm. "

And in January, 2014, they said, "Please remember that snow removal will not begin until we have received over three inches and the snow has stopped falling."

And,

"As you all know, we are expecting a significant snow storm beginning late morning/early afternoon which will continue through the night. Landscape Maintenance Services is fully prepared and will do their best to keep the roadways clear during the storm in case of an emergency. Walkways and driveways will not be cleared until after the snow has stopped. Please be mindful, that due to the expected heavy snowfall, it will take a solid 15 hours or so to complete the community. That means that you will likely be stuck at home tomorrow."

I agree with John.

The point is, does the board have the legal right to change the terms of the CCRs and/or bylaws without passing an amendment.

IMO, it doesn't matter how valid their reasons are. A contract is a contract. They would surely jump on any homeowner who violated the contract.

I told you why they changed from 2" to 3": it was too expensive.

AND raise the assessment to whatever it takes.

The required snow removal WILL COST MORE MONEY !

Probably MUCH MUCH more.

Are you actually willing and able to pay ?

Of course they should comply, Edward.

By the way, Your Finance Comm. pal did not offer a good suggestion. Certified Reserves specialists would say that you should NOT remove $ from your reserves account to pay for operating expenses (such as snow removal). An exception might be if your reserves are over 100% funded.

So, JohnB is right; imo, you each will need to pay more if snow is removed as you all would like. More services = more costs.

I hope my most recent response above, edward, does answer your question.

I think you missed where I posted that the cost for a typical snow removal would add about $2/month to the maintenance fee. I'm pretty sure that most of us here can afford that. :-)

I get the impression that, rather than have our board behave in a legal manner, you'd prefer that they act paternalistically!

Without making amendments?

Good pint, JohnC! Yes, we too, can borrow from reserves but must show owners how we intend to pay the$$ back.