Entry Lights out for almost 2 months now

Started by GeorgeS19 • 9 replies • 1209 views

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GeorgeS19 (Florida)
Posts: 12

Posted:

Is there any way to force the Board to fix our entry lights that have been out for almost two months now. They refuse to communicate with me about the problem and there does not seem to be enough interest from the rest of the community (89 homes) to get them to do anything about it. I have been told that someone has seen an electrician at the front entry, but the lights are still out, and this is a safety issue. In all my 17 years in this community, this has never happened before. The "new" board has just been elected. One Board member is on his second decade of serving. Another is the wife of a Board member who was on the Board for 5 years straight. Another, is on his third decade of serving! When the new Board was elected, a new,and "Fresh" member was elected Treasurer. The old Treasurer (third decade person) refused to cooperate with showing the new Treasurer the "ropes" and simply refused to meet with him. The new Treasurer simply quit. This and many other problems plague our Association. Are there any suggestions besides hiring a Lawyer? I am afraid that if I did, I would never see one penny back for my "Investment".

CarolF (Florida)
Posts: 435

Posted:

George - are you self managed or do you have a property manager?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Have you put your request in writing or gone to the board? Who is responsible for replacing the light? How is your HOA's budget?

Former HOA President

SheliaH (Indiana)
Posts: 6,964

Posted:

The last part of your first sentence is quite telling "there does not seem to be enough interest from the rest of the community (89 homes) to get them to do anything. When you have Board members who've served two or three decades, it's usually because no one else volunteered or campaigned for a spot. You didn't mention the other problems you have in your community, but apathy is likely an underlying cause of all of them. If people don't keep their boards in check, you end up with stuff like this - and in the long run, everyone suffers.

As far as the lights go, might there be an issue with the wiring or type of light needed that might be delaying the repair? Talk to your board and point out the safety issues the Association might face if it doesn't get fixed as soon as possible. And start talking to your neighbors - are they as pissed off as you, but have no idea how to fix it? If all of you work together, you can begin to change things around, perhaps starting by getting some of your people elected to the board.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS19 (Florida)
Posts: 12

Posted:

Answers to questions are as follows:
1. The association is self managed.

2. I have contacted the board at least a dozen times, and went to the last meeting to discuss the issue. I was given all of 30 seconds to speak, before the Board adjourned the meeting. I have emailed them several times since then, with NO reply from anyone.

3. I know for a fact that there is a dead short in the lighting system. I am a professional handyman and have dealt with these lights before. I have tried to reset the breaker, and immediately, it trips. The last thing to happen with the lights is that another "board" authorized handyman replaced the spot lights on the main sign, and replaced a completely corroded and dangerous outlet on the back of the sign. Within a week of the new spot lights being installed, one side stopped operating, which I reported, and shortly, thereafter, all of the lighting system shorted out. Whether anyone on the Board, none of whom know anything about electricity, have told whoever is supposed to be looking at the problem after the recent changes, I have no idea.

4. There is no budget issue. We have over $60K (at least we did have) in the bank. The Old Treasurer (third decade guy who ignored the new Treasurer) was elected grounds director and the president (2nd decade guy) was elected assistant grounds director. They are responsible for the repairs. I have been told by the president, that under NO circumstances am I to attempt any kind of repair of the system without HIS approval. (I would not touch it with a ten foot pole.)

5. I put myself up for nomination this term (I actually was on the board several years ago), but lost by a few votes. I also put my name out again when the "new" treasurer quit, but, I have not been called to replace the open position.

SheliaH (Indiana)
Posts: 6,964

Posted:

My pseudo “Spidey sense” is vibrating because I get the feeling there’s some backstory between you and the Board (they gave you 30 second to speak and then adjourned the meeting; you lost your election bid to the Board). This is NOT suggesting the bad blood is your fault, but it appears there’s some sort of personality clash or something that has prompted the Board to ignore you, even if you have a valid concern.

I think you’re going to need your neighbors to press this issue – a considerable number at that. As I suggested earlier, talk to your neighbors and see if anyone else is concerned and then persuade them to attend the next Board meeting with you. Let them do the talking first.

Otherwise, I suppose you could sue the association for failing to maintain the lights, but if nothing serious has happened (yet), a judge may or may not agree with you. This may be a time where you could consider alternative dispute resolution, if there’s a certified mediator in your area. It can be cheaper than court – check with your local bar association to see if anyone’s available and for more information on how this could work.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS19 (Florida)
Posts: 12

Posted:

Well, the lights have been repaired, finally, And Yes, there is some "bad blood". I want to get things accomplished for my community, and the Board just wants to get the "Free Dues" they get, for being on the Board. As long as they can stick to the Status Quo and no one complains, why do anything at all? Meanwhile the community continues to deteriorate, our property values decline, and no one can do a thing about it. Very sad situation. I have been gaining some support from the neighbors though, and I will keep at it, unless I put out the For Sale sign. Thanks for all the input. This is a very good site for those of us in need of some support and suggestions. Thank you.

TimB4 (Tennessee)
Posts: 21,059

Posted:

George,

Free Assessments for serving?
Have you verified this?

Since there are legal and tax issues for being compensated to serve on an HOA/COA, I would ask the following of the Board:

Are 1099-misc issued for the income they are receiving (or form 1099-C for forgiveness of the debt) or a W-2 for wages?

As the Directors are being compensated for serving, have they checked into the legalities of losing their volunteer status for insurance and legal issues?

Is not the failure to collect assessments in violation of the CC&Rs which [likely] specify that the assessments are to be charged equitably and collected?

NOTE: If the Directors are to be compensated for serving, they should still be paying assessments and the HOA should then write a check back to them. This would be considered salary or payment of an independent contractor. Additionally, such compensation must be outlined within the Bylaws

If you want to be a pain in the ass, report the Directors to the IRS as possibly not fully declaring their income (i.e. the compensation they receive for serving).

See: Compensation for Directors Should Be Provided in the Governing Documents 2013 article

CarolF (Florida)
Posts: 435

Posted:

This is what FL Statute 720 (for Homeowners Associations) has to say about board members
receiving compensation (720.303 (12)
(12) COMPENSATION PROHIBITED.—A director, officer, or committee member of the association may not directly receive any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association. This subsection does not preclude:
(a) Participation by such person in a financial benefit accruing to all or a significant number of members as a result of actions lawfully taken by the board or a committee of which he or she is a member, including, but not limited to, routine maintenance, repair, or replacement of community assets.
(b) Reimbursement for out-of-pocket expenses incurred by such person on behalf of the association, subject to approval in accordance with procedures established by the association’s governing documents or, in the absence of such procedures, in accordance with an approval process established by the board.
(c) Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members.
(d) Any fee or compensation authorized in the governing documents.
(e) Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members.
(f) A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association.

BobD4 (up north)
Posts: 1,002

Posted:

Quote:

Posted By GeorgeS19 . . . and the Board just wants to get the "Free Dues" they get, for being on the Board. . . .

GeorgeS19 Fla : Whether or not your Directors actually get "free dues" and without lawful provision, some pretty good comments above.

Respectfully, if such is the case your fellow owners hopefully should be considering exactly why so many legislatures fear the scenario's risks.

These reasons may include :

1 - lack of exemption authority :

Governance boards rarely have genuine legal authority - without formal stakeholder approval - to purport to exempt ANY individual stakeholder/owner from the burdens of ownership. Self-benefits would be the least defensible example of this abuse.

This sort of exemption is not at all an example of lawful enactment of some sort of a behavioral by-law allowing grand-fathering as a legitimate way to reduce opposition to passage of a change now necessary. This is also not a parallel to postponing lawful collection activity.

This sort of exemption is also not about a state-approved, lawful remuneration process ( mine allows remuneration only for a 3 year maximum, expressly & formally pre-authorized by 50 % + one vote of by-lawing ownership meeting, and then registered in land titles ).

2 - sharing cost consequences :

There is legitimate concern that eliminating the burdens of ownership during Baord tenure - eg common expense contributions - would tend to remove the 'sober second thought' of having to share the cost consequences of those decisions. "No immediate financial cost to us personally if we impose a special assessment right now".

Yes some jurisdictions ( like mine ) DO NOT legislate ownership as a compulsory condo Directoral eligibility criteria, so any non-owner Director would also lack such restraints.

But non-owner Directors I suspect are somewhat rare after Declarant control has devolved; most or many site-specific by-laws may stipulate ownership for eligibility.

Hope your fellow owners talk about those issues & more if your Directors really are getting a no fees sweetheart deal.

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