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JF10 (Washington)
Posts: 5
Posted:
I've lived in a 12 unit condo property since 2008, I've been HOA president in the past but have not been on BOD for a few years. We are self managed and just last week voted to hire an outside management company.

For years I've been vocal about my concerns that we aren't doing enough to save for our future maintenance costs. Under my term as president we had a reserve study done for our property which showed a 7% total funding for our 30 year maintenance plan. Unfortunately, we have done nothing to address this issue and now that we have agreed to hire a management company I want to know what steps I can take, if any, to force board action to ensure full funding of our reserve account. A unit recently was on the market and two buyers were unable to secure a loan and I believe this was a direct result of our low reserve balance. I'd like to know I'm protecting my investment and if we aren't going to address this funding issue perhaps I should sell my unit.

im concerned that any action I need to take will be legal and is that something that will only hurt myself and perhaps walking away from this will be the smartest decision. if it matters our contribution to LT funding is around $5k annually. With that in mind and reviewing our LT maintenance schedule and only including the most important pieces we will have over $400k of unfunded expenses we need to account for in the next 30 years. That number is closer to $700,000 if I go with the reccomendation of the reserve study and the schedule of maintenance it estimated.

HELP! My building only sees me as an agitator because of my insistence that we are broke and can't afford to go on this way and I'm always a no vote when it comes to unjustified expenses. For instance, I submitted an alternative motion to not hire a management company for $5k a year instead hiring a consultant for a one time fee to specifically set us up onto a system that would ensure we are operating in compliance to applicable laws and regulations as well as give us the tools we needed to provide to our members as well as to lenders that need to make the determination to fund a loan for a prospective buyer. I need advice I'm just not sure what to do anymore.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I highly doubt the loan was not secured because of insufficient long term reserve funds. There are many factors that go into that. Mostly it's determined by the PUD form that HOA's have to fill out for certain loan types. Mostly for FHA type loans. Which not all areas are qualified for to offer.

The form basically is an assessment of the HOA. They factor in things like rental percentage, collections status, lawsuits, and other debts. A high rental percentage over 50% usually has an effect. The number of foreclosure or short sales can also be a factor in the area outside the form. If there are a lot of foreclosures in the last 6 months it can really be a big factor on loans availability and rates.

A management company is a sub-contractor to the HOA. It sounds like the board is trying to take away some of their work load and pay for someone else to do it. However, the biggest concern is the separation between the two. Boards forget they are in charge and the MC to do what they want them to do. The MC tends to take over and boards don't know how to operate anymore. I would keep an eye on that situation and try to keep it the professional services that it is.

Long term savings is a good thing. However, in the end it just means delaying/reducing a large special assessment. The more you all save, the less need or amount of a special assessment. If you want to hammer in your concerns. Mention what out of cost pocket expense will be for a 400K debt versus if it's contributed on a long term scale. Do you want $50 a year of your money to go to a Long term fund or do you want to pay a large check of $1K in an emergency situation? That may put things into perspective of what your saying.

Former HOA President
JF10 (Washington)
Posts: 5
Posted:
Thanks for the response. For clarification, we have 4 units which are rentals. We have never had a foreclosure in the property and we have no past due or uncollected monthly fees and never have had any issues with non payments. last year we had our exterior painted for 50k, this wiped out all reserves except $15k so seeing that expense in relation to our balance was a concern for the lender.

I've tried to explain that we will owe this money I just don't seem to get through to anyone and they either don't care or don't believe what I'm saying. Everyone has a copy of the reserve study which points this information out and clearly outlines the steps it reccomended we take to address the problem, but no one wants to deal with this.. This is why I've asked what I can do to force this actio because it will continue to go on this way otherwise.
KerryL1 (California)
Posts: 14,550
Posted:
I believe your poor % funded did contribute to the inability to get loans. FHA, for instance, requires a 10 or 20% level of funding. Conventional lenders might require at least 20-30% funding.

You're really in a bind, JF, if the board refuses to raise dues or do a special assessment to get you up to, say, 35% funded. One option is to vote in a new board, but with so few units, that might be tough to find 3 or you or see the real danger of having such underfunded reserves.

I'm a little curious about how a relatively small HOA has so many or such expensive reserves components. Is it street repaving, or all roofs, or ?? If there's a lot tied up in say a swimming pool and all of its elements, maybe you can talk the board into getting rid of the pool. Sheila, who regularly gives good advice here, is in an HOA that eliminated their pool.
JF10 (Washington)
Posts: 5
Posted:
To answer your question as to our expenses for a small building we have the following items to plan for: torch down roof (never been replaced only coated past it's life expectancy) elevator (past its life expectancy), exterior facia and trim and siding painting (only been done once since 1977 hence $50k expense to repair rot and to recoat roof to extend its life even further before replacement), interior painting of hallways and carpeting, garage doors and mechanisms, windows in common areas (at some point the responsibility of window replacement became unit responsibility). No pool or anything that is non essential.

the HOA does pay for water sewer and garbage which is $10k a year. Our Cc&r or bylaws does give the Board discretion to individually divide these among units based on a calculation it deems acceptable. in the past I've offered a motion to the HOA to begin billing this per unit based on # of occupants but this has been rejected. They are not individually metered but I think it can still be a way to generate additional revenue that can go into our reserve while not decreasing our monthly hoa dues.

I have to be honest, new volunteers don't exist, I'm not considered an option because I am not viewed as in the best interests of all owners because we need to be making some hard choices and people don't want to make those choices. This is why we've decided to hire a management company because people just don't want to be involved. I'm lost for what more I can do besides selling my unit and moving out for which I just don't want to do that. But I also know I won't be able to afford a huge assessment down the road and why I'm pushing for due increases and small yearly assessments. And now with our board reccomending a management company in our last meeting and making us vote for that without the necessary time to offer up alternative solutions, I question will they really give us the advice we need because they now account for 15% of our operating budget for a job we were already doing for free. Not to mention all of our future maintenence costs are likely to increase if they are managing those projects as well.

I feel as though I've run out of options and that we are now moving in the opposite direction of where we need to be by hiring an outside manager and adding such a huge expense on ourselves. Im beyond frustrated because none of this makes any sense anymore.

LarryB13 (Arizona)
Posts: 4,099
Posted:
JF,

My opinion of condos seems to match your experience. Most condos are marketed to marginally-qualified buyers who, for reasons unknown to me, wish to own their own home without being bothered by the actual burdens of home ownership. They expect someone else to do all the work for them. That extends to managing or operating the condo association. You have already found out that your neighbors view you as an enemy because you want them to spend their money today for repairs in the future. Saving and preparing for the future are concepts lost on these people.

Small condo complexes seem to be especially risky investments. The pool from which to draw board members is limited. My brother-in-law lives in an 11-unit condo complex and almost everything you said about your current place would apply to his. They even had to levy a special assessment just to pay the insurance premium.

Having been involved in way too many lawsuits in my past, I would recommend against legal actions unless you can get at least a quarter of the owners on your side. The cost of bringing any kind of action can easily escalate without an upper limit. Unless your unit is the penthouse in a high-rise overlooking Puget Sound, it just won't be worth the cost of fighting with 23 neighbors who do not understand sound financial management. (I think you have a valid cause of action against each and every owner - not just the board. You purchased your unit in good faith only to discover that your neighbors were unwilling to do their part in protecting the common investment.)

The reality of lawsuits is that you can easily spend years seeking a resolution. I have spoken to many litigants over the years and I have yet to find one who said, "I am so glad I did that!"

Of the solutions you proposed, selling the unit for what you can get and walking away may be the most prudent course.

SheliaH (Indiana)
Posts: 6,964
Posted:
As Larry said, this attitude is typical of owners in a condo and HOA, for that matter. They want to keep things ultra cheap (homeownership is anything but, regardless of where you live!). Some really do understand what's at stake, although they won't admit it - they figure when all hell breaks loose and stuff needs to be repaired, they will have sold their units and be long gone. Sadly, the board doesn't always help matters, treating everyone like they're glorified renters.

Since you had the reserve study done, you might want to call in the specialist and ask him/her to make a presentation before the homeowners to explain what a reserve study is and what it's for, and where your community stands. Trust me, a lot of people don't know - all they're hearing right now is "fees will go up and I'm not gonna pay!" The reserve specialist has already been paid, so he/she doesn't gain anything and may have several war stories to share about communities who didn't fund reserves properly.

Your new management company may also help - without naming names, they may also be able to talk about what happens when associations underfund everything. There could be a number of reasons why the buyers had trouble with getting a loan (maybe they just had bad credit), but having a banker speak along with the reserve study specialist can also help. Sometimes, people will straighten up when they learn how such short sighted thinking can affect them now AND in the future when they or their heirs decide to sell.

And if none of this works, you may just have to decide if you want to sell and move on. It's a shame, but if the ship is sinking and no one seems to be paying attention, it may be best for you to just grab a lifeboat and get the hell out. Good luck to you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JF10 (Washington)
Posts: 5
Posted:
not being an expert I was hoping their was possibly something I could do to compel my neighbors into action, maybe that's wishful thinking, but I agree, legal action just wouldn't make sense. Ultimately I'd be taking it against myself and just eating up more Reserve funding in the fight. While I don't know if having the experts come in to review the study will help, I may be completely wrong. We did not do that, and I am more of a financially minded individual, so it may very well be the missing link. If nothing else, it will be worth exhausting all my options to try to save this if possible.

This was the first home/condo I've owned, I probably missed the major warning signs the first 8 years when I was the only person doing most everything from cleaning to general maintenance around the place as well as securing bids for large projects and managing those throughout the process. All of which turned me into enemy number 1, it's a hard spot to have wound up and if I just didn't care so much, and was more like everybody else maybe we could have sang kumbaya together when we reach that financial cliff. I won't ever purchase a condo again or be a part of any HOA where I have to rely on anyone but myself to secure me financially. I don't believe in over regulation, but I wonder if some sort of oversight isn't warranted along with a minimum funding standard so buyers don't walk into situations like this.

Thanks for the advice folks. I'll give it one last attempt to bring in some experts to see if they can end this impass and if that doesn't get me the result i need then I'm not going to stick around waiting for disaster. I've almost doubled my equity here and I have this haunting feeling that unfunded HOAs could become the next big mess.
SheliaH (Indiana)
Posts: 6,964
Posted:
Don't be too hard on yourself - you're trying to do right by your neighbors, and while I agree more education of homeowners about what HOAs are and what it means to live in one, you can't protect people from themselves. People who don't live in HOAs have the same mindset - they think their roof, siding, dishwasher, etc. will last forever and a day and are shocked, shocked when it doesn't - and now they must fix it, but didn't prepare their budget accordingly.

As I said earlier, try calling the special meeting featuring the reserve specialist, property manager and perhaps a banker and after they've said their piece, you should let it rip with a come to Jesus style presentation, letting them know exactly what will happen if they don't get their head out of their ass. Will that change some minds? Possibly, but after you say what needs to be said, the next move is yours - I don't necessarily like the idea of your leaving the board (someone needs to be the adult in the room!), but I learned the hard way there comes a point where you've done all you can and sometimes you sometimes have to step aside before others realize what needs to be done and they have to be the ones to do it.

I was a first time homebuyer and like you, I've learned A LOT since then, especially after joining the board. It's fascinating how people want all the benefits to owning something, whether it's a house or car, or even a new suit, but don't want to do the work to get said benefits. I live in a 156 townhouse community, but after reading all sorts of posts on this board, I've concluded the smaller the association, the worse it is, because everyone expects someone else to do the dirty work. It makes you wonder how these people are preparing for retirement or their children's college fund - the same type of thinking (or not) will also get them in trouble in those areas.


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

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