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ShawnC2 (California)
Posts: 13
Posted:
I recently moved into a small HOA that has 14 units. About 2 weeks after I moved in, someone threw some rocks at my garage and broke out one of the windows. I contacts the Property Management company (21 Apr 2016) that we use as asked for it to be repair. The property manager responded back that it was my responsibility. I read my HOA docs and found the specific paragraph in which states the HOA is responsible for the garage door. The management company asked me to take care of it and they would pay me back. I had previously scheduled a glass repair company to come out when I thought it was my responsibility and they said they could not fix it. On May 10, 2016, I emailed the property management company and informed them that I could not get it fixed and for them to have it repaired. On May 19, 2016, the PMC emailed me back and said that they didn't have anyone and they would research it. I have not heard back from them. On June 28, 2016 I emailed the property management company and asked about the status of the repair. I also asked (again) for a list of board members as well as whatever forms I needed to install solar electricity on my house. As of today June 30, 2016, I have not heard from them. I forwarded my email as emphasized that I would be following up with a phone call in the morning. Those are the facts of my situation. Now on to the "feeling".

I have a suspicion that something shady is going on with my HOA. I have only met about half of the members and no one is on the board or knows who is on the board. Most people say they just pay their HOA fee and that's it. I had one of my neighbors tell me that he thinks its a lady who lives at one end of our complex, I plan to go over there with my wife and knock on the door to introduce myself. That same neighbor also said that a couple years prior, the president hired a security guard for the complex that happened to be her relative and even used one of her cars as a "security" car. She even has a nice magnet on the side saying that it is security. He was a little angry because he said no one voted on it she just did it. I also did a little research and I saw where the property management company we use was told by the city to make. While I don't have anything concrete, something just doesn't seem right about everything. I have asked multiple times for information about our HOA board and he just skips it like I never asked. I really want to get to know the board members and find out what is going on in our community. I also want to serve on the board as I actually care about our small community. I also have a feeling that people are doing whatever they want to the outsides of there homes. I see several places with cameras and satellite dishes in stalled and the person I suspect is the president has an additional security gate installed. I have a feeling no of these were approved as there seems to be an apathy in our community and no one really cares. I don't have a problem with those things as long as they were approved by the HOA. Again, I have no proof, just a gut instinct.

So with that said, I am pretty certain that I am allowed to get the information about who my board members are as well as their contact information. Is it possible that I can request the full financial records of the HOA? Any advice on how I should handle the PMC that is non-responsive?
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By ShawnC2 on 06/30/2016 9:37 PM

So with that said, I am pretty certain that I am allowed to get the information about who my board members are as well as their contact information. Is it possible that I can request the full financial records of the HOA? Any advice on how I should handle the PMC that is non-responsive?

You are correct. You have the ability to view all financial records as is reasonable (1988 isn't reasonable, but 2015 is). You could contact other owners and call for a special meeting to include the agenda of the PMC, financial records and voting in a new board.
CyrstalB (Maryland)
Posts: 457
Posted:

Like so many other HOA's in this country, yours is most likely being managed more by a PM than a board, because there is zero participation from your fellow neighbors and there is no real board of record.

And everyone is happy with the status quo.

Everyone gets to do what they want, when they want it as long as they continue to pay the dues. It's a defunct HOA that is still considered viable until someone comes in and causes a problem. Happy is as happy does.

So take the "shady" part out of the equation, your talking a very small hoa that probably has a very small bank account and no one who wants to take any responsibility for it.

The American way, I will throw money at it if you will leave me alone.

SuzieE (California)
Posts: 20
Posted:
Your situation is not that uncommon, especially for a smaller association. I was dealing with a situation where the PM ran the show and the board members blindly followed. The other members where happy enough to pay a monthly due and not get involved. People should follow the rules. Everyone agreed to the CC&R's when they purchased but sadly this is not reality. You will find more often than not, people do as much as they can get away with. My advice is to read your bylaws & CC&R's and start talking to your neighbors. See what they think. You won't get very far without the support of other members. it would benefit you to get support before doing anything. Otherwise you're fighting an uphill battle. Good luck to you.
ShawnC2 (California)
Posts: 13
Posted:
Yeah I didn't think that it was to uncommon, which is why I am seeking advice. I tend to be a rules guy, so it bothers me when others are just doing what they please with no regard for the rules we agreed on. I am debating how far I want to take this. I have no issues with doing what needs to get done to get things back on track, but I think that I will make a few mad in the process, but it will benefit everyone in the end.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Shawn

Many smaller associations do not use a PM. They self manage. That said, it is not uncommon in an association where people are satisfied to let it operate on autopilot and often via a PM.

We are 113 homes (standalone) and we pretty well operate on autopilot with the PM doing most of the work. Our BOD only meets when there is an issue and that is rare. Also in SC, we can operate via any medium (Email, phone, etc.) so actual face to face meetings are rare.

CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By ShawnC2 on 07/02/2016 1:42 PM
Yeah I didn't think that it was to uncommon, which is why I am seeking advice. I tend to be a rules guy, so it bothers me when others are just doing what they please with no regard for the rules we agreed on. I am debating how far I want to take this. I have no issues with doing what needs to get done to get things back on track, but I think that I will make a few mad in the process, but it will benefit everyone in the end.

You are thinking about going down a path that so many have already traveled Shawn. Some have fought long and hard to get their HOA back on track, only to have it undone with one bad choice from the next sitting board because if the majority of the owners are apathetic, nothing you do, and I mean nothing, will change that apathy.
For me personally, it felt good to get the HOA where it belonged and at the time, that stress level was "worth it". But it was a sad day to recognize that I was fighting a fight for my own satisfaction and self worth and a few people were grateful for it but it only took the next board to undo it all.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My theory is "There is ALWAYS a BIGGER fish"... Which means your job when you revitalize your HOA is to get a BIGGER fish to eat you! Now will the bigger fish be to your tasting? Probably not. However, most of your hard work and dedication was satisfying before you went down the hatch... When I left my HOA, the "bad group" I had spent years protecting my HOA from took over. Yes, they were awful selfish people who nearly drove the HOA into the ground. However, you know what that also meant? The end of APATHY!!! If you get a group of interested individuals no matter the outcome, you have overcome the hardest part of being involved in your HOA. APATHY...

Remember the HOA is a non-profit. It is to collect as much money as it collects. So technically your HOA is "poor" and may not be able to afford certain items. That is the sad ugly truth. With apathetic members with no interest and even less of paying more, your going to find many things being denied or ignored.

The HOA money is NOT your money... It is ALL the HOA members money. The board is just in charge of spending that money and daily operations of the HOA business on the general owner's behalf. So when you present an expense to your HOA, you have to consider where the money is coming from. ALL the membership. Is that expense you want something you want your money spent on? I know you may be out but is it something if someone else asked you to pay for, would you agree?

Former HOA President
ShawnC2 (California)
Posts: 13
Posted:
Quote:
Posted By MelissaP1 on 07/04/2016 6:06 AM
My theory is "There is ALWAYS a BIGGER fish"... Which means your job when you revitalize your HOA is to get a BIGGER fish to eat you! Now will the bigger fish be to your tasting? Probably not. However, most of your hard work and dedication was satisfying before you went down the hatch... When I left my HOA, the "bad group" I had spent years protecting my HOA from took over. Yes, they were awful selfish people who nearly drove the HOA into the ground. However, you know what that also meant? The end of APATHY!!! If you get a group of interested individuals no matter the outcome, you have overcome the hardest part of being involved in your HOA. APATHY...

Remember the HOA is a non-profit. It is to collect as much money as it collects. So technically your HOA is "poor" and may not be able to afford certain items. That is the sad ugly truth. With apathetic members with no interest and even less of paying more, your going to find many things being denied or ignored.

The HOA money is NOT your money... It is ALL the HOA members money. The board is just in charge of spending that money and daily operations of the HOA business on the general owner's behalf. So when you present an expense to your HOA, you have to consider where the money is coming from. ALL the membership. Is that expense you want something you want your money spent on? I know you may be out but is it something if someone else asked you to pay for, would you agree?

Ahh, I think I was not to clear when I used the word poor. What I meant to say was poorly run, not poor financially. I looked over what limited information I was provided and things seem to be ok from a financial perspective, nothing major that I have observed initially.

So with that said, I do have a slight update. I finally got the PM to contact me. I really had to hold my tongue. Here is his first email to me

"Hello,

Please obtain a vendor for the garage door and forward the bill to us. We do not have a vendor in that area. A form for solar power is on the way (we do not recommend solar power)."

I responded back that we needed to speak as I got heated when I saw this. Here is his response to my email asking when he was available to talk.

"We can speak, I still will not have anyone to do that work when we are done with the conversation………"

So I called him at this point so we could be clear. I wanted to go off on him, but I realized that it would only make matters worse. I asked about the garage door and said that it was the HOA's responsibility, he said call someone to get it fixed and we will pay you back. I said how do I know I will get paid back. He said I don't want to get taken to court!

At this point I was like whoa wait a minute, I never said anything about taking you to court. I just want my garage fixed. I also realized at this point that I was going to have to swallow my pride talking to this dude. So we talked a bit more and he was like "Hey, I will make sure to pay you back in a timely manner and document your time and I will even pay you for your time.

Now this part seemed blatantly wrong. Why are we paying a property manage if I have to find my own repair people and pay them to get paid back! I don't think he is allowed to pay me for my time out of the HOA funds. I don't want to get paid for my time anyways, I just want my garage door fixed!

I then asked him about his solar comment, he said he doesn't recommend I get it because its not a good investment and the sales people are slick. I went along with his diatribe as he told me how bad solar power was and told him thanks for his info I would consider it. Not sure why he was so against me getting solar.

At this point he wanted to get off the phone, I told him that I was still waiting for the contact information for the board members. He told me we have two board members who live at a couple doors down from me. Not sure if this is legal, but I have to research it a bit more. It may or may not be. However, I do know that we are required to have three people on the board, which hopefully opens to door for me to jump on the board.
MarkM31 (Washington)
Posts: 351
Posted:
You're running around in circles. Call somebody in to repair the door. Pay them when they give you a bill, and then bill the HOA for your costs out of pocket.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Shawn,

Good for you to realize that getting angry or letting your frustration show wasn't going to help (and would likely make matters worse).

I agree with Mark, you are now running around in circles.

Suggest:

1) Get in writing that the HOA wants you to make the repair and you will be reimbursed.

2) Obtain three quotes (always a good idea).

3) Choose the person you believe will be best for the job and send verify that the Board is fine with the amount (yep, shouldn't have to but it's best to cover yourself).

4) Once you have the written OK from the PM/HOA, execute the contract.

5) Submit paperwork for reimbursement.

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