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IzabellewW (California)
Posts: 2
Posted:

I have yet to figure out a way to convey our very complex situation, in a concise way. We purchased our condo in 14 unit building in 2003. A couple of years into living here we knew that things were suspicious with the HOA, but didn't have the information or time to investigate. Over the years we have endured many leaks and numerous toxic mold problems. In 2011, we helped over throw the board. We didn't have the time to serve on the board, but we befriended a new resident who agreed to play the role of president. She (the new board president) handed over all of the documents that hadn't been already destroyed by the old dictatorship (to us). She didn't know what she was doing, and we ended up doing most of the work for her. About 2 years later she became power hungry and corrupt, and decided to sue us. Recently we decided to run for the board and this is the letter we sent to our fellow homeowners. The letter better encapsulates or conflict..

"Dear fellow homeowners,
I am writing to inform you that I am a candidate in the upcoming Homeowners Association election. I feel compelled to run for the board, given the numerous grave issues facing each owner in this building. A number of you are new to our building, and may have been surprised by the Special Assessment's recently levied to fix a range of issues (plumbing and electrical...etc). I am sure that many of you have not been informed that these problems have been ongoing, for the past 22 years. Homeowners have been charged thousands of dollars to fix the same issues, only to have the same problems reoccur.
We were largely uninformed as to the scope of issues until we were sued, last year, by some who claimed to constitute a board of directors but have since disappeared. We have lived here for almost 13 years. Throughout this time we have had more specialists in our unit than you could imagine, trying to assess the sources of leaks and black toxic mold. In August 2014, the source was found to be a cracked building pipe in the common area which serves multiple units, and was not properly maintained. In the upcoming weeks, we will be sending you additional details about this lawsuit. We will also share information about a building defect lawsuit that we recently discovered. In 2001, the HOA received a hefty settlement, which was to be used to fix the building’s myriad of problems. It was in the process of preparing our defense that we became acutely aware of how systemic and ongoing these problems have been. Past boards failed to adequately address building issues, which has imperiled the long term value of the homeowners’ assets.
The reality is that past boards shifted the responsibility to pay for repairs from the association to homeowners. These homeowners were blamed for common area defects, and unfairly made to pay for those repairs. We passionately believe, that enough is enough! If elected, we agree to not be involved in decisions related to the lawsuit against us. We should collectively demand a board that is willing to address ALL building issues in a thorough manner.
I have researched the entire history of our building. Amongst the many things we have concluded is that the most important issue is that we have an actualized communal plan, and NOT the same old self-serving cronyism and pocket-lining that has plagued us for years. We would love to join forces with our fellow neighbors to actually remedy all of our fundamental issues. We want to be a board that prides itself in honesty, diligence, and transparency. We vow to act in the long term benefit of ALL homeowners.
We encourage all of you to consider voting for us. Feel free to call us and ask us any questions, large or seemingly small."

Needless to say, we haven't had a board meeting to vote for an actualized board in over 3 years. The two other prior board members have soiled our reputation by stating that we are crazy, and have been instructed not to speak to us. Our attorney recently quit, and we need someone to help us. These rogue HOA's need to be stopped! We would love to connect with anyone that can please give us insight. We also need help in finding a new attorney.
Thank you in advance!
MarkM31 (Washington)
Posts: 556
Posted:
Wow.

Keep us informed.

Was there a question in there addressed to this forum?
KerryL1 (California)
Posts: 14,550
Posted:
Hey, Izabelle,

Most of us heard are very involved with our own HOAs and some of us, like, me, just can't wade thought so much verbiage. due to our own HOAA issues, etc.

Can you sum up the questions(s) that you have for us?

GenoS (Florida)
Posts: 4,276
Posted:
Let's start with this:

"About 2 years later she became power hungry and corrupt, and decided to sue us."

Sue you for what? Who filed the lawsuit, her (new predisent) or the board? Who was sued? You personally or several owners together?

I also think your letter is too long. If the board is telling people you are "crazy" then you have to be succinct in your letter with a couple of juicy facts that will get the owners attention. "The current board has been stealing money from us all," would be a good start if what you say is true. Provide some backup for that statement in terms of how much money they're wasting.

Think of your letter as a pitch to a studio for your new movie idea. You've got to grab their attention in 2 or 3 short paragraphs at most or else your idea, no matter how wonderful it might be, will end up in the round file.
BobD4 (up north)
Posts: 1,002
Posted:
IzabellewW (California):
“I have yet to figure out a way to convey our very complex situation, in a concise way. . . . . Recently we decided to run for the board and this is the letter we sent to our fellow homeowners.

( your letter included : “ . . . Amongst the many things we have concluded is that the most important issue is that we have an actualized communal plan, and NOT the same old self-serving cronyism and pocket-lining that has plagued us for years.

We would love to join forces with our fellow neighbors to actually remedy all of our fundamental issues. We want to be a board that prides itself in honesty, diligence, and transparency. We vow to act in the long term benefit of ALL homeowners.. . " )

We would love to connect with anyone that can please give us insight. We also need help in finding a new attorney. Thank you in advance!”

You are on scene and in a position to know what best might generate support for your declared candidacy. A point has been reached where some current/past Board members will be difficult to work with. Respectfully don't burn more bridges than you have to. Avoid "personal stuff" if you can, even if your candidacy if now totally open, and political contests might locally be allowed degrees of mud-slinging slightly shielded from defamation.

You several times cite the adjective "actualized' as in "an actualized communal plan" and an "actualized Board". Hope you are aware of Reserve Fund Planning components, but voters may be terrified of someone stopping the shifting of today's financial burdens onto future owners and sale prices.

State of California (Department of Real Estate) RESERVE STUDY GUIDELINES
for Homeowner Association Budgets August 2010 http://communityassociations.net/wp-content/uploads/2013/02/re25.pdf

TimB4 (Tennessee)
Posts: 21,061
Posted:
Izabelle,

Had you asked for advice prior to sending the letter, I would have recommended that you soften the letter and provide more details. Perhaps an additional letter is now needed with those details (your basis for all of the cliams the letter makes).

Your letter also fails to identify how you will address the issues you have identified. You need to do this, otherwise you may lose votes on that fact alone. It's fine to say that more information will be needed before a plan of action on how to address issues are done, but you need to show you have a plan.

You next step, as I inferred, is to clarify and provide the basis for your statements. Additionally, start a petition to call a special meeting of the membership for the purpose of recalling and electing a new board. That or wait until the next election and simply not re-elect. Here is a sample petition from the davis-stirling site:

http://www.davis-stirling.com/tabid/1866/Default.aspx#axzz3fi825wSy

Keep in mind that it may take time to educate the members enough for them to become involved. It took 3 years in my Association with newsletters after every board meeting (basically informing them what happened at the meeting).

One way to debunk the "angry resident" argument is to make sure that you give praise where it is warranted (these are volunteers and they did step forward to serve). Provide sources for the basis of your opinions so others may independently verify what you are claiming. Keep emotions out of the letters (you may feel that the Board are idiots but that is subjective and difficult to prove). I know it's hard to keep emotions out of something you are passionate about. However, I believe that this is the best thing to do.

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