HOA dues used for neighbors repairs

Why wasn't it turned over to insurance?

Since this is a HOA, and not an COA, wouldn't you have your own insurance? And even in a condo, you should have your own insurance.

And you don't listen to others about insurance anyway.

So the HOA manager is a disinterested third party?

And what is the bill for?

What is your attorney's answer ?

Did the grading of the yard change recently ?

Here in South Carolina water is considered the common enemy !

.. Unless it is DELIBERATELY directed towards one's neighbor ..

What does your attorney say ?

My suggestion. Would be to contact the members of this board directly.

Are they even aware of what has gone on?

I also have concerns as to why you were charged to make repairs in the drains and under the deck.
Is that not considered common property?

Common property would be the responsibility of the association to repair not the individual owner in most cases.

To determine this would require a review of the property's documents or having a lawyer VERSED IN HOA LAW review the situation.

The least that is required would be a itemized Bill detailing what actual work was performed, when and why.

Not a blank bill with an amount to be paid.

As much as you might wish to avoid using a lawyer that might in the end be your best option.

RhondaR,

As JonD posted, there are questions you need to ask.

And as MarkM just posted, I also do not understand why a Condominium Unit Owner should be responsible for correcting drainage problems.

How are the boundaries of your Condominium UNIT defined?

How does your Condominium Declaration define the Common Area?

Is the yard area and patio defined as LIMITED Common Area?

It could be different for your Association, but - typically the Condominium Association is responsible for the maintenance, repair, and replacement of all Common Areas, which includes all of the LIMITED Common Areas and Elements.

Typically, repair of Limited Common Area is not Unit Owner responsibility.

What do your Documents say? Would you be willing to post those words?

Thank you.

Rhonda there is an old expression, which I shall clean up for the forum: "Hope in one hand - spit in the other and see which one gets full first. You need an attorney, often they will give you a few minutes to explain your problem at a reduced fee, to see if it is something they can help with or want to take on. I too am at a loss as to why this would be your problem unless you have regraded the back yard or made renovations that interfere with the drainage. Dirty little secret of HOA living, just because the Board or PM says it's your fault doesn't necessarily make it so. The devil is in the details and the details are in the CC&Rs.

had to cut and paste it

Property Insurance Notice

Since 2009, the owner of a condominium unit in Maryland making an insurance claim is
obligated to pay the deductible of the condo association's master property insurance policy up to
$5,000 if damage to the condominium unit originated from the unit. This obligation applies
regardless of who or what caused the damage . For example, if a fire started in your unit or if an
interior pipe burst, and damaged the building, you would pay the deductible up to $5,000.

The deductible under the master policy for Regime 3 is $10,000. Therefore, the first $5,000 in
damages to the condominium unit, damages originating from the unit, is the unit owner’s
responsibility. If damage is caused by something originating from outside the unit, the damage is
a common expense of the condominium regime (still subject to a $10,000 deductible payable by
the condo regime).

The condominium’s master policy is limited and does not provide all-inclusive coverage. After
the deductible has been paid, the master policy would cover, for example, the cost to repair walls
or floors, but not personal belongings or any improvements that you have made to the unit.
If you want to provide more coverage for a loss, you must obtain a separate property insurance
policy. As with other insurance, the lower the deductible, the higher the premium. Such a policy
is known as an HO-6 policy and is something that all condo owners should obtain. You should
closely examine your own insurance policy to determine what, if any, coverage you have, or
contact your insurance agent for more information.

RhondaR,

Commenting further:

1. You posted: “I tried to look up the rules. I can't find insurance rules for my street, but one for next street over. There's mentioned a 5000 deductible and after that the HOA regime would cover the rest.”

What did you mean – I tried to look up the rules? Did you do this online? Does the Condo Association have a Web Site? Or does the city, town, county, where the Declaration for your Association is recorded, have those documents “on line” so that you can view them?

How is it you could find something for “the next street over” – but not for “my” street?

Are there a number of Associations, perhaps several different Phases? Or perhaps a number of different Associations, perhaps under a Master Association?

2. You posted that “the homes were built in the late 1960s”.

Approximately how long have your parents lived there?

And was this the first, and only time, that there were drainage problems?

3. Do you and/or your parents have a complete set of Documents for the Condominium? By a full set I mean, the Declaration, the Bylaws, the Rules and Regulations, plus other documents such as perhaps Board Resolutions? Or are all these Documents posted on the Condominium Web Site, assuming of course that there is one.
-------------------
I was typing as you were posting, so you have clarified and answered a few of the above - but also raised a few more questions;
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4. The “Insurance Information” that you posted appears to be from Maryland Condominium Act, “State Statute” Legislation. Which of course is good information, but in reading the words your post, note carefully, the phrases:

“if damage to the condominium unit originated from the unit”

and the words presumable from an example:

“If damage is caused by something originating from outside the unit, the damage is a common expense of the condominium regime (still subject to a $10,000 deductible payable by the condo regime).”

In one instance the deductible is charged back to the Unit Owner, but in the other instance it is to be paid by the Association.

(As aside, I was confused by your use of the word “regime” – but now I think I understand it as: “condominium regime” = “condominium association”. So where I have used the words Condominium Association substitute the words “condominium regime”.)

5. Earlier you wrote “The manager of the HOA said since it was an outdoor water problem that caused the damage insurance wouldn't cover it.”

So would you explain, how the Association (Regime) Master Policy, and/or the HO-6 Policy that your parents presumably has, has now entered into the picture?

6. Thanks for posting additional description of the Condo Unit, allowing us to visualize the yard, etc.

This may help steer you in the right direction

Maryland Condo Act - Section 11-102 which says, "The declaration, bylaws, and condominium plat shall be indexed in the grantor index under the name of the developer and under the name of the condominium."

Maryland Condo Act - Section 11-116 which says you have to request records in writing.

The 2 links above aren't exhaustive and may not be completely up to date.

I think you want to obtain copies of your declaration and bylaws as a bare minimum to start sorting things out.

I think Rhonda was trying to do "the right thing" and in the course of it she paid to much attention to the BOD versus called her insurance company and/or lawyer. Candidly, I think the BOD might be taking advantage of her. I also think she is in over her head. Time for her to lawyer up.

thanks Johnc46, I did listen to the Property Manager and thought fixing the problem would be the quickest, especially using the company that the Manager recommended. My parents have owned this home since 1990. My dad has Alzheimers and my mom has mild dementia and is taking care of him. So there is no way they can handle this situation, it just gets her upset.

I just stepped in and it is too much for me as well. Too many loopholes. I found the deed for my parents home and the deed with the Condo Association. They have many addendums as they started out in 1970.

From what I gathered so far, we shouldn't have been responsible. But its paid so I just want to focus on what is next. It may be best if they don't back down to put it thru their insurance and I just write a check for 1,000. and be done.

I am just a RN and this real estate is over my head!

To be brutally frank:

? What part of 'You need an attorney versed in contract/HOA law.' do you not understand ?

or

Fell free to do it yourself with stranger's internet advice.

Rhonda,

Do you (your parents) have your own insurance? Your insurance is supposed to pay all of these expenses for you including the deductibles of the association's insurance.

You should make a claim to your own insurance company and have the adjuster work it out with the association.

When the "Property Insurance Notice" says that you are obligated for the $5,000 deductible, that does not mean that you have to write a check. If you have insurance, then your insurance will pay for it. Insurance policies for condos are written to reflect the docs of your association, which in your case means that your insurance policy pays for the association's deductible.

So do you have your own insurance on the condo?

No everything is on time. Here is ledger showing the payments being posted to account and then the "mystery repairs " being deducted. I can't post a picture for some reason but yes I have access to the online account. It shows the debits for these payments and then the repair being put on the account. This total amount was further reduced by the prepayments

It is a fairly common practice to credit dues toward HOA fees like fines, overdue amount, etc. thus one becomes behind in their dues. At this point, there are actions a BOD can take to collect that they might not have been able to do if not dues.

As an example. In some states one cannot lien nor foreclose based on fines but by applying dues toward fines, one becomes behind in their dues so then the HOA can lien, foreclose, etc. Just another way to skin a cat.

Have them keep paying their dues. You do not need non-dues paying added to the already existing problem.

Yes, Rhonda. don't wait any longer! You need an HOA/contract attorney (not a real estate attorney)

Meantime, have you tried to contact the board of directors (or whatever they're called in MD)? The PM works for the board. Though they should be aware that your'e being billed for this problem, they may not be.