HOA bad behavior

SanjaiS (California)
Posts: 1

Posted:

I am new to this group so let me give you some background information about our HOA, and some examples of irresponsible behavior.

We are four units (A, B, C, D) of attached townhouses. I live in Unit A. In 2002, Unit B accepted HOA responsibilities.

For 15 years I have observed, heard and put-up with the unpleasantness associated with Unit B. Some examples: Her loud domestic disputes with her daughter have involved police intervention on at-least two occasions. Her cats (2 cats, 1dog), roam into my back and front space, and attract competition with feral animals with the result of strong animal / urine odor and fecal droppings. Polite complaints invoke an ugly response from her. Late summer last year I complained more strongly to Unit B about seeing her cats on my doorsteps and the strong urine odor. This she did not take kindly.

Unit C, rents out his townhouse, lives elsewhere and consequently, is detached from the happenings at the complex. However, I have had to listen to complaints from people behind our complex about one of his tenants throwing animal fecal matter into their area. More recently, I had to listen (while being threatened with bodily injury) by a drunk veteran with probable PTSD living behind Unit C, due to his being kept awake by an unknown sound (a smoke alarm with a low battery) in the then vacant Unit C.

In last year's HOA meeting Unit B mentioned she could not account for some monies in the HOA account. In this year's HOA meeting I insisted on an audit of the HOA account (I did the audit- no major problems found, but there are issues), and voiced my concerns about the behaviors of Units B and C. As usual Unit B did not react well.

After 13 years, only financial control of the HOA account (I had asked for total control) is being transferred to a HOA management company, while indications are that Unit B still retains control. I have been excluded from all decision making. I construe this as a hijack of the account, and retribution from Units B, C.

I am wondering if I need a lawyer' support as I need to protect my monies in the HOA account. I would appreciate hearing feedback from members of this discussion group.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Sanjai,

If I understand you correctly, you are in a 4 lot/unit HOA (meaning that only your four homes are in the Association)?

With such a small Association, any personality conflicts can easily become issues that are expressed toward Association issues vs. the personality conflict.

With that said, I have a few comments:

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM
I
For 15 years I have observed, heard and put-up with the unpleasantness associated with Unit B. Some examples: Her loud domestic disputes with her daughter have involved police intervention on at-least two occasions. Her cats (2 cats, 1dog), roam into my back and front space, and attract competition with feral animals with the result of strong animal / urine odor and fecal droppings. Polite complaints invoke an ugly response from her. Late summer last year I complained more strongly to Unit B about seeing her cats on my doorsteps and the strong urine odor. This she did not take kindly.

Good example of personality conflicts.
As you are aware, this is a neighbor vs. neighbor issue and not an Association issue.
Hence it's not relevant to the question about finances.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

Unit C, rents out his townhouse, lives elsewhere and consequently, is detached from the happenings at the complex.

Typical for non-resident owners.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

However, I have had to listen to complaints from people behind our complex about one of his tenants throwing animal fecal matter into their area. More recently, I had to listen (while being threatened with bodily injury) by a drunk veteran with probable PTSD living behind Unit C, due to his being kept awake by an unknown sound (a smoke alarm with a low battery) in the then vacant Unit C.

I am confused as to why you had to listen to these people.
Are you the President of the Association (as people would contact you about issues)?

Regardless if you are the President or not, this is not an Association issue. It's an issue between the Tenant, Owner and those behind their property. Pass on the owners name and have the people take it up with them.

As for threats with bodily injury, these need to be reported to the police. If need be, a protection order should be requested from the court.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

In last year's HOA meeting Unit B mentioned she could not account for some monies in the HOA account. In this year's HOA meeting I insisted on an audit of the HOA account (I did the audit- no major problems found, but there are issues),

Good. There was a concern for unaccounted funds. You performed an audit yourself and found no major issues - perhaps a few procedural issues (as may occur in any Association) but nothing major.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

and voiced my concerns about the behaviors of Units B and C. As usual Unit B did not react well.

As I said, these were not Association issues. If you wanted to address those issues, you should have addressed them with the individuals involved directly and after the meeting.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

In last year's HOA meeting Unit B mentioned she could not account for some monies in the HOA After 13 years, only financial control of the HOA account (I had asked for total control) is being transferred to a HOA management company,

In my opinion, and as you will find if you read threads on this site about MCs, an MC should never have complete control of an Associations finances.

If you think that this is a good idea, give me full control of your finances and pay me to do it (see how that simply doesn't pass the common sense test when it's your personal money?).

If it's not a good idea to give a stranger full control of your personal finances, it's not a good idea to give an MC full control of your Associations finances.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

while indications are that Unit B still retains control. . . . I construe this as a hijack of the account, and retribution from Units B, C.

I believe that you are focused on who is in the job, because of the personality conflicts between the two of you, and not the job itself.

My advice is to quit looking at who is doing the job and focus on what the job should be doing (regardless of who is in it).

In that light, it makes sense that the Treasurer of the Association, who is accountable to the Association for the finances, retains control. They can certainly delegate some functions, like assessment accounting and making deposits, etc., but the Treasurer is still responsible for the finances.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

I have been excluded from all decision making. I construe this as a hijack of the account, and retribution from Units B, C.

To be honest, it may be retaliation. After all, Board members are human beings.

My question to you is: Are you an elected or appointed member of the Board?

Or Do your governing documents specify that the Board will be composed of all members?

If you are not an elected member of the Board or your governing documents do not specify that the Board consists of all members, then - to be honest - you are not in the position to make those decisions.

Day to day decisions, polices etc. are done by the Board. The membership, as a whole, elects the Board to make those decisions on their behalf.

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

I am wondering if I need a lawyer' support as I need to protect my monies in the HOA account.

Feel free to consult one. However, prior to doing so, you should re-read all of your governing documents and focus on Association issues, vs. personality conflicts that should not be apart of Association issues but are (as I said, we are all human).

Quote:

Posted By SanjaiS on 06/16/2015 4:45 PM

I would appreciate hearing feedback from members of this discussion group.

I understand that what I posted may not be what you wanted to hear.
I hope it helps,

Tim