What information do I have a right to ask for?

Started by ReneeC4 • 19 replies • 1266 views

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ReneeC4 (California)
Posts: 50

Posted:

Our roads are private and I live in a gated HOA community. We have street sweeping coming by every week. One week I noticed they never came, but things happen in life happens and I never thought much of it. They came the following week. Again, the week after that, they did not come. I asked the management company how often they are supposed to come, and they said every week. Again they came the next week and again the did not come the following. I informed the management company that they are only coming every other week. What information do I have the right to ask for, as far as a follow up?

Thank you.

KerryL1 (California)
Posts: 14,550

Posted:

In CA, you have the right to read the contract your HOA has with the street sweeping company. Ask in writing, email is OK, to review it. You also can attend open board meetings and ask the Board about your topic!

Davis-stirling.com is a great site for CA HOA info. It's put together by CA HOA attorneys. Visit it and scroll down the Main Index to Documents Inspection. You'll find that it's your right to read almost all documents or all kinds with a few exceptions.

TimB4 (Tennessee)
Posts: 21,059

Posted:

What information are you looking for?

Did your complaint address the issue (that is to say, are they now coming every week)?

ReneeC4 (California)
Posts: 50

Posted:

I just informed them on Wednesday, so they may or may not have addressed the situation with the company. I wasn't going to readdress it until some time had passed for them to look into it, but our next open meeting isn’t until July 2017.

I have read what documents I can ask for, but I am not sure what conversations I can inquire about. I would like to know what the company said, but is that confidential information? If they start coming every week again, I would still like to know what was said about the weeks they were paid to come, but did not.

Did anyone else notice that the Davis-Sterling site was gone all week? It just returned this morning.

KerryL1 (California)
Posts: 14,550

Posted:

Hmm, I went to D-S.com two days ago and it was up: Do note its Davis-Stirling, not Sterling.

I guess you can try to ask about "conversations," but they certainly aren't required to let you know the content. The contract is what's important. You also can ask in writting to see the check register to see how much they've been paid.

Most HOA's have board meetings 4 times year or even every month. CA requires that the HOA's financial status be reviewed by the Board quarterly. And their review must occur in an open board meeting, in other words there has to be a notice of the board meeting in a place that Owners are likely to see it, and the agenda must be included. Are you sure you're not referring to a Members (Homeowners) Meeting, which often only are annual.

What size is your HOA, Renee?

ReneeC4 (California)
Posts: 50

Posted:

For me, since Wednesday, there was only a cache site available. Some pages were available, but not all.

The meetings happen every July, where the notifications go up... it's such a long story. When I first moved here, I was looking for past minutes to try and figure some things out... they didn't have meetings for three years. We moved in the August of one year, so we missed the meeting. The next year I stood outside of their home and no one showed up! Not even the president, whose home it was. Someone came by on a bike and said "you know we never have meetings, right?".

BUT!!! I have some new information. On the way out of the complex today, we see a note on the front gate announcing a meeting on Sunday. I've been requesting a meeting over a different topic and I see they notified me via email at 2pm on Thursday. Is that enough notification?

ReneeC4 (California)
Posts: 50

Posted:

I'm so confused..... As, I said, I've requested a meeting so I could talk to the board. There's just something that doesn't make sense... I just don't know anymore.

On Tuesday via email with the property manager.

ME: "When will the next board meeting be?"

THEM: "The board has not yet scheduled an open board meeting, but once a meeting is scheduled, a notice will be posted in the common area notifying the membership of the date, time and location of the next board meeting."

ME: "Thank you for the reply. If anyone from the board would like to email me to discuss this matter, it would be great. If not and if there is no meeting in the plans for the upcoming month or two, I will be requesting an individual meeting to discuss this."

Then on Thursday...

THEM: "Please be advised that there is a scheduled board meeting this Sunday, 10/2 at 7pm. The meeting will be held at the Board President. You are more than welcome to attend the meeting to discuss any concerns or ask any questions that you may have. The board will be discussing rules at this board meeting."

The timing just seems so off.

KerryL1 (California)
Posts: 14,550

Posted:

Renee. Please read a bout meetings at the website I gave you. There must be 4 days posted notice and an agenda before a meeting of the Board.

Everything you need to know is at that site.

Also read you HOA's Byalws, which will tell you how often the Board must meeting. NOTE: Members Meetings and Board meetings are two different thins. You have some reading to do. If you can get together will the 2-3 other concerned Owners it'll be waaaay easier to learn.

KerryL1 (California)
Posts: 14,550

Posted:

Renee. Please read about meetings at the website I gave you. There must be 4 days posted notice and an agenda before a meeting of the Board.

Everything you need to know is at that site.

Also read you HOA's Bylaws, which will tell you how often the Board MUST meet. NOTE: Members Meetings and Board meetings are two different thins. You have some reading to do. If you can get together will the 2-3 other concerned Owners it'll be waaaay easier to learn.

ReneeC4 (California)
Posts: 50

Posted:

My original question was not answered within that site. Yes, I have lots of stuff to learn, but that's a huge site and one can only read so fast and absorb so much. I've just discovered that there was a meeting and it wasn't why I started a thread on here. It sort of segued in from conversation from my original question.

KerryL1 (California)
Posts: 14,550

Posted:

At the site, go to "Inspect Records." Otherwise, just scroll down the Main Index for things that interest you.

RichardP13 (California)
Posts: 3,868

Posted:

Renee

Being a property manager myself, you have the right to inspect the contract for the sweeping company which hopefully will specify the schedule both parties agreed upon.

But, this is a very simple matter to handle. Once you contacted the PM, they should have contacted the sweeping company, got an explanation and then there should have been a return call back to the individual or party that originally called.

End of story.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Renee,

Don't read things into situations that may not be there.

It's possible that your board does adhoc meetings. Hence none was scheduled. The President, upon hearing of your desire to address the Board or for a completely different reason, scheduled a meeting with minimal notice. The PM informed you of this meeting, as you expressed a desire to attend the next meeting.

Unless there is more to the story then what you provided, I don't see a reason to become suspicious of anything.

KerryL1 (California)
Posts: 14,550

Posted:

Tim's VA has statutes that're very similar to CA, Renee, but in CA, per statute, meeting agendas must be posted 4 days or 96 hours before the meeting itself. There are no "ad Hoc" HOA meetings in CA or at least there shouldn't be

But I agree with Tim that the Board appears to want to accommodate your concern(s), let us know how the meeting turns out this evening. It does seem that something else is bothering you. Want to share?

Again, though, I urge you to read your HOA's Bylaws about when & how often Board meetings should be held.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kerry,

What I mean by adhoc is that they are not regularly scheduled.
The Board schedules them as needed (with a 7 day notice to the membership in VA for adhoc meetings and 14 days if regularly scheduled).

ReneeC4 (California)
Posts: 50

Posted:

Unfortunately there's a lot more to the story and is why my suspicions may seem out of place. I was just wondering if they were obligated to tell me if there was a resolution. If they don't have to tell me, they won't.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Common courtesy would say that they should inform you if it was resolved or not and how it was resolved.
However, they likely are under no requirement to inform you of the resolution.

Regardless of the back story, on this issue, I think you are a little too concerned as there hasn't been enough time to visually see if the issue has been resolved or not (you just reported it on Wednesday 9/28 per your postings). It's possible that the contact at the contractor hasn't replied or that the MC is waiting to see if it was resolved before contacting you.

Possible timeline:

Wed 9/28 - Complaint made
Thur 9/29 - Complaint read, contract reviewed
Fri 9/30 - Email sent to contractor informing them of failure to sweep all streets per the contract)
Sat 10/1 - Weekend - nobody is working
Sun 10/2 - Today
Mon 10/3 - Contractor may respond to email sent on Friday

KerryL1 (California)
Posts: 14,550

Posted:

Tonight's board meeting seems to be about Rules, Renee. Do any of your issues involve Rules? Say, any you've allegedly broken or any that you believe others have broken? Or any that you think the board is ignoring?

In CA, Corps Code and the Bylaws here say that we may hold "Special meetings of the Board," but they, too, must be given 96 hours posted notice & agenda.

Given the notice seems to say that the meeting tonight is about Rules, your issues will not be discussed or voted on unless it fits the category, Rules.

BUT, in CA at open board meeting, the Board must allow homeowners to comment on topics, so that's when you'll have your chance to speak. At that time, simply point out politely the sweepers haven't been coming as often as they should in recent weeks. You wonder if the board has changed the contract so that they'll come less often? Or if they'll resume coming at their former days? I assume the PM or Prez will answer that question.

ReneeC4 (California)
Posts: 50

Posted:

My concern is "kind of" about rules. They are just starting to enforce some rules that they've ignored for several years. I am SO cool with that, it isn't even funny. However, I feel they at leaving us at risk for illegal towing practices. This meeting is not for me, but perhaps the neighbor screaming in the street a couple of weeks ago about not wanting to wait for July. I don't have an issue with rules, but their enforcement practices ARE risky.

I'm not going to bring up the street sweeper tonight, as I'm not unreasonable and I am aware not enough time has passed.

GregC6 (Washington)
Posts: 5

Posted:

State law most likely will provide guidance of what an HOA must make available. Washington State makes it perfectly clear.

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