My Problem, My Attitude.....

Started by MikeT3 • 7 replies • 1569 views

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MikeT3 (Pennsylvania)
Posts: 13

Posted:

I've been reading this forum for a very long time. It seems to me its all about protecting the HOA's. Everybody that seems to be a past or present HOA president, reminds me of politicians, do alot of talking, and it always ends up on one side, the HOA's side. Little mini governments, thats the legal term you like to hear right? Well sometimes I think HOA are criminal, sorry that is how I'm feeling. Don't mean to be so negative, its just all I can stand. Those CC&R's are for whats in your boundries. Do HOA's have any powers outside your mini government. I don't think so. I was taking to court by one of your mini's, keep sending me bills til it reached that magic number 1000$. Guess what? the court ruled I owe ( $0 ).. Now they appeal... Nothing but wasting my time and homeowners money, including myselfs....

Jadedone4 (Virginia)
Posts: 495

Posted:

Guy walks into a Cowboy bar, wearing an Armani suit, orders a Jack and Coke. Bartender serves him Jack and Coke, no lime. Suit man enjoys drink, orders another, enjoys that too. Bill comes, the bartenders says $8, suit man is concerned, Jack and Coke (with lime) costs $10 a pop at his downtown dive. Suit man wonders "what" was "wrong" with the Jack and Coke the bartender served him - was it watered down, or was it some bottom-shelf liquer called Jacuqe and Jack D...

You won a judgement against your board/HOA, where they were proven WRONG. Congrats - a board/HOA that was incorrect in its assessment of the issue was corrected, and hopefully have learned, and your NEIGHBORS will move forward and continue the business of providing good service to your community. What you "learned" was that one incident, makes ALL of your other conceptions about HOA's correct....?

I'll take the TWO Jack and Cokes at $8 bucks any day.. over the $6 lime...

PauG (Maryland)
Posts: 53

Posted:

I have read about HOAs that have abused their power.
However, since getting on my board, I have seen the importance of an HOA. Without an HOA in my community, it would go downhill rapidly. Crime would be a problem, blighted property, overcrowded immigrant flop-houses would be another problem. Property values would decrease and the place would become a ghetto.

Some past boards in our little community have indeed been negligent. And we've had a manager that didn't give a darn...we have opted not to renew his contract and have hired a new company that has an excellent reputation in the community.

Here is my feeling on what an HOA Board mission should be. We are elected at the annual meeting by homeowners. Therefore we are obligated to 'serve' the community. We are advocates for the homeowners. We are obligated to protect the property values, do all we can to prevent crime, and make our community a pleasant place to live. Advocacy is the key word. We are not against the homeowners or residents. We are for them, and strive to make the community the best it can be, a place were people will be proud to live in.

If you have power-hungry board members that abuse their position, then fire them. Your HOA community has that right. If you see problems, then get on the board. That's what I did. I got tried of the way things were run and how the community was headed down a spiral of decline and so got on the board with other new members. We have made a lot of changes, fired the past president, made needed improvements, hired a new property manager, got the City involved in siting property owners for blighted property, etc.

Get involved and advocate for your neighbors.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Sorry, but I don't see how you get from A to G based on what little information you've posted. You have not given any indication of WHAT they were attempting to "bill" you for, what your governing documents said about what they can and can't collect and when and how, NOR did you tell us WHY the court ruled in your favor. Had the HOA invalidated it's restrictions by not enforcing or not enforcing consistently? Were they enforcing fines that had not been approved by the proper voting class and/or proper voting process?

So basically you have given us nothing but fluff and, as you stated, "attitude."

Also, it amuses me that you have such negative feelings about HOA boards, yet apparently come to this forum to, what? entertain yourself?

Whatever the case, I have lived in communities and neighborhoods that do NOT have HOAs and would never move back into one.

Yes, the are "mini" governments, and thank goodness they are there. They do not have the teeth that a lot of other government entities have, but they DO have access to the enforcement arms of many governments, including the zoning and planning enforcement entities, inspections, permits and license entities and often the police enforcement arm. HOAs are often the most grass roots of all political entities.

If people don't like living in deed restricted communities, they have plenty of options available to them outside of deed restricted communities.

RogerB (Colorado)
Posts: 5,067

Posted:

Mike, I sympathize with your frustratons. Some power hungry members do control Boards and do not act in the best interest of the members nor follow reasonable interpretations of the controlling documents. This gives HOA's a bad reputation. Furthermore, many management companies do not do a good job and have inexperienced employees. Many are more interested in making money than helping the homeowners.

So what is the answer? First, I suggest you look at your own actions. What part did you have in causing your court action? Have you complied with the regulations of your HOA? Are you an active participant in your HOA? If not, I suggest you get involved and try to improve the situation. It is easy to sit back and criticize - it is much harder to try to help improve the situation.

BTW, a good HOA dsoes have power outside their boundaries. As their MC often I have actively been involved in decisions by the City which affect the HOA. Particularly, on Developments adjacent to the HOA which affect property values within the HOA.

KathyS (California)
Posts: 145

Posted:

Mike,

I'll agree with Roger. The management company may be the source of your problems not the Board. We had a similar situation in our association with two homeowners. The management company placed a lien on their home for unpaid assessments. We were one of them. Despite mutliple communications with the management company with proof of payment they stated there was nothing they could do because it has already been turned over to collections. We would have to go through the collection agency. Needless to say, the collection agency is a foreclosure company and the fees went from $100 to $1000 overnight.

When the two homeowners attended a Board meeting and refused not to be heard, the Board was shocked. The Board was not even aware of what the management company was doing behind the scenes but instead "thought" they were doing everything to benefit the association. Instead, it turned out, the management company was doing what was benefiting them and the foreclosure company.

The Board is now trying to figure out how to get out of the contract with the management company because some former Board took the advice of the management company and signed an automatic renewal contract.

HaroldS1 (Arizona)
Posts: 314

Posted:

"and signed an automatic renewal contract." Shouldn't there still be a clause in the contract that allows either party to terminate with 30 days notice or something similar? Does that mean the MC can raise their fees at "automatic renewal" without needing approval by the board? I can't see how one board could hamstring future boards with such a contract without an out. And I can't see how such a contract would be allowed in perpetuity. They need a good lawyer to read that contract and advise. Harold

RogerB (Colorado)
Posts: 5,067

Posted:

Harold, often management Agreements have terms which automatically renew. However, there should be wording in any contract that any change requires written approval of both parties. Also, HOA's should be very careful to read the term of the Management Agreement; some are written by the MC and can not easily be cancelled until a year or even more in some cases. I recommend this wording: "This Agreement may be terminated, without cause, upon 30 days written notice by either party."

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