Not working HOA for 6 years.

Started by MarinaM1 • 7 replies • 1335 views

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MarinaM1 (Indiana)
Posts: 4

Posted:

6 years ago our properly working HOA was overthrown.
New HOA hired management company to collect our dues.
Since than we never had annual meetings, never got annual reports about money spending, no elections whatsoever.

HOA hardly move the grass in the public areas, never kept up our sign in order, clean from the weeds, never trimmed bushes around:
the guy who lives near by does it on his own never reimbursed.

HOA don't clean our retention pond in the center of our property as needed, only once in a season which is not enough.

I assume they are spending our dues the wrong way and have a deficit since they send me a letter that "I didn't pay my dues in 2013"- which was a regular bank transfer the same as in 2012 which they are not missing.

When I called the management company about that issue they refused to talk to me and told me to contact their lawyer.
When I emailed the copy of my bank transfer they told me they didn't have my payment for 2013.
My bank proved that the amount was received by the other side and since it was a regular annual payment they could not see how it was possible to not to get it.

What I can do about the situation?

GlenL (Ohio)
Posts: 5,491

Posted:

Gather support of your neighbors and fellow homeowners and take back the HOA. Seriously you and they were willing to put up with it for six years and apparently you would have been happy to go another six but something affected you personally. You get what you are willing to put up with. As to the banking problem, send the attorney a copy of the transfer info, certified mail and wait for them to make the next move.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,062

Posted:

Marina,

Welcome to the forum. Sorry to hear about the issues.

Keep in mind that this is not a new HOA. It is the same HOA that is being ran poorly by a Board of Directors.

Regarding your assessment issue:

1) Do everything in writing.
2) Send proof of payment, via certified mail to the Management Company with a copy to the Treasurer.
3) Wait to see what happens.

You send things via certified mail so that their is a record of the communications.

Regarding the Board of Directors running things poorly:

Time to get involved, gather support and kick those individuals out of office via recall or simply not reelecting them. You need support to make changes.

Attend as many Board meetings as you are able. Offer suggestions and volunteer where you can. This way, you can become involved in the decision process. The decisions are the Boards but perhaps you can sway some opinions through this type of effort.

MarinaM1 (Indiana)
Posts: 4

Posted:

Thank you for answering.
As about the remark you've made..

It is not exactly true that we were "willing to put up with it for six years".
People were fighting, got tired of it, sold houses and moved away.
As about myself: my husband was fighting pancreatic cancer and died through these six years.
Understandable that I had other (more important things)to take care of than fighting our bad HOA.

That is TMI to my case right now but you made me to write an explanation to "why didn't I fought bad HOA".

MarinaM1 (Indiana)
Posts: 4

Posted:

Thank you TimB4!
I appreciate your recommendations.
I would do everything in written form/ certified mail.

As about the second part of your advice it would be possible only after resolving the payment issue,
since they sent out mail that we do not have any voting rights until our dues are not payed.

MarinaM1 (Indiana)
Posts: 4

Posted:

My question right now- is there a state-run agency in charge of watching HOA that I can contact?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Marinas

Are you current with your dues?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MarinaM1 on 10/15/2015 1:11 PM
My question right now- is there a state-run agency in charge of watching HOA that I can contact?

Typically not, as this would be a civil matter (vs. a criminal matter).
Some States do have ombudsman offices to assist. Those Offices have varying degree of authority.
I did not find such an Office in Indiana (but I may have missed it).

It's the members responsibility to "watch" and hold accountable their Association.

Accountability is done by removing the individuals from office or through the courts.

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