POA IN NEED OF HELP!

Started by BarbaraB2 • 2 replies • 1302 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BarbaraB2 (West Virginia)
Posts: 3

Posted:

I recently became the Chair of very outdated/mis-managed property owners assoc. in W.V. The ccr's/by-laws were created late 60's/early 70's. They state the property owner fee's are $25.00 per year max. The fee's are to be used for "road maintenance". Our private/gated sub-division covers several hundred acres with each property owner having 5 ac or more. There are 125 properties. There is nothing in the ccr's nor bylaws that addresses increases in fee's. No mention of assessments being charged. The subdivision consists of dirt roads in the mountains that include a watershed creek with 1 low water concert slabs through the water and one cross over with just rocks. There are roads that are too narrow, too steep, and are dangerous. Emergency agencies will not respond in our subdivision. In one section of the subdivision you must cross the low water bridge in order to get to your home. In winter or high flooding there can be several days those folks can not leave or return to their homes. Since it is a "POA" the BOD has no involvement in any matters other than roads and property compliance issues ie: property boundaries, structures etc. If your neighbor violates a ccr it is up to each property owner to pursue legal steps. I have gone to every agency in the sate of WV seeking help with the roads/bridges to no avail. There isn’t even enough money to buy gravel to put on the roads must less hire a lawyer to change the ccr’s & by-laws. So, I have read many posts here and have learned a lot, however I seek your knowledge to the following.

I believe I can proceed to make the changes needed in the CCR’s & bylaws with the support of the HO’s. This will aid in our future growth. The immediate issue is the concert slab that people are driving over. There is no insurance and this slab is in very bad condition. Not only are property owners using it, but there are several families that do not own in the subdivision that are using it as they have no other way to their homes either. Letters have been sent to these families informing them that they are not allowed to use the roads as this is a private community, but they continue. It is also polluting the water but the gov. agencies will not help. Any suggestions to address these issue will gladly be considered.

JM2 (Oregon)
Posts: 439

Posted:

Hi Barbara:

Here are a few suggestions, use some or all as needed/desired...

1) Talk to other owners in your POA and see how many share your concerns.
2) If there are a good number of people who share your concerns, get some of them together as an "ad hoc" committee to propose changes to your CC&R's and Bylaws. These should probably include mandatory assessments, reasonable limitations on increases, etc. but set forth an expectation on how much of an increase will be needed to jump start things in the right direction.
3) Include in the changes, the setting up of a reserve fund to take care of repairs & replacements over time.
4) Include in the changes, the ability to hire a consultant to estimate needed immediate repair/replacement costs.
5) Include in the changes the ability to do special assessments.
6) See if any of the people agreeable to changes would be willing to chip in money to hire an attorney to help with the proposed changes, by reviewing the proposed changes for any improvements needed, suggest things that haven't been included, and to cover cost to run the voting process and to file the changes (if they pass) with the county.
7) Look at the possiblity of making improvements in phases - tackling the worst problems first, then looking at the next-worst problem - so that you don't end up costing too much for people; but also look at the possibility of the POA getting a loan to cover costs once you can assess, so you can pay off the improvements over time, if needed.

Ultimately, your POA is responsible to help maximize the value of properties. If paving, installing culverts for crossings, or building bridges will help the property values, then the members of the POA need to consider the proposal to spend more of their money as an investment that will yield returns when their property goes up for sale. You might want to hire a real estate appraiser, to give a realistic assessment of how much property values will increase, depending on different types of improvments - for instance, would gravel roads give more "bang for the buck" than asphalt? Also, talk with the county medical folks, to see how adequate roads allowing emergency medical service would benefit the community, to insurance people on how adequate roads would reduce fire insurance, etc.... gather as much data as you can, to show how changes to the way the POA operates would be of benefit to the owners.

Best of luck!

J. Patrick Moore, CMCA

BarbaraB2 (West Virginia)
Posts: 3

Posted:

Thank you for your help! As you can see another POA/HOA in need of overhaul.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here