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Reimbursing HOA members

Started by HarryJ1 • 8 replies • 1055 views

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HarryJ1 (Florida)
Posts: 4
Posted:
Our subdivision HOA owns a private lake around which 20 HOA members live. These 20 HOA members are taking it upon themselves to hire a lake treatment service to clean up the lake since the HOA board of directors refused to do it. Can HOA reimburse the 20 lake front owners for their out-of-pocket expenses. The HOA is governed by Florida law, as well as its own governing documents.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
They took it upon themselves did they not? So why would HOA reimburse?
Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
They took it upon themselves did they not? So why would HOA reimburse?
Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By HarryJ1 on 09/07/2017 8:46 PM
Our subdivision HOA owns a private lake around which 20 HOA members live. These 20 HOA members are taking it upon themselves to hire a lake treatment service to clean up the lake since the HOA board of directors refused to do it. Can HOA reimburse the 20 lake front owners for their out-of-pocket expenses. The HOA is governed by Florida law, as well as its own governing documents.

You might want to start by reading your HOA's governing documents carefully. My HOA's Declaration has a section stating that Members who spend money to improve the Common Elements will not be reimbursed.

Was some law or part of the HOA's governing documents being violated by not cleaning up the lake? If so, then I think the proper course of action was to formally and legally demand the Board act to clean up the lake. If time was of the essence and safety was an issue, then maybe the homeowners who paid out of pocket can make a legal claim on the HOA for reimbursement. Unfortunately it will probably take their hiring an attorney to get any money back.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Can they?

Sure.

Should they?

In my opinion, no.
For one it sets precedence.
For two, it wasn't that the Association wasn't going to address the lake, it's simply that the owners couldn't wait so took it upon themselves.

We have a similar policy with trees.
The Association will get around to pruning the trees as scheduling and funding permits.
If any owner can't wait, they are free to prune the tree at their expense.
DaveD3 (Michigan)
Posts: 796
Posted:
If they reimburse, where does it end?

The grass in the common area was a little long. You owe me $100 for mowing.
I sprayed the weeds between the road and the curb. Pay up please.
The lines on the tennis court needed to be painted. I'd prefer cash reimbursement.

DouglasM6 (Arizona)
Posts: 724
Posted:
The reimbursement, and the project, should be approved by the Board before proceeding.
GenoS (Florida)
Posts: 4,276
Posted:
Harry, look at your Plat and your governing documents. Is it really a lake? Or is it a stormwater retention pond that does double duty as a pretty lake? All of Florida's Water Management Districts regulate stormwater drainage systems and all, as far as I know, in conjunction with county agencies, require that HOA's assume a perpetual maintenance obligation for the drainage and stormwater systems. That should be noted on your Plat if, in fact, the "private lake" is a stormwater retention pond.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By HarryJ1 on 09/07/2017 8:46 PM
Our subdivision HOA owns a private lake around which 20 HOA members live. These 20 HOA members are taking it upon themselves to hire a lake treatment service to clean up the lake since the HOA board of directors refused to do it. Can HOA reimburse the 20 lake front owners for their out-of-pocket expenses. The HOA is governed by Florida law, as well as its own governing documents.


To properly answer this question you would need to post sections from your CCR's regarding the HOA responsibility for the property in question. Potentially IF the HOA is responsible to maintain ... and if designated as Geno mentioned as a retention pond per your Plat and documents ... then the HOA most likely is responsible to maintain.

If it is property the HOA is responsible to maintain and the BOD in writing "refused" to maintain. If the owner's hire someone they could potentially SUE the HOA to reimburse their costs for not only the cleaning, but also for legal fees in pursuing the HOA for reimbursement.

However, if the HOA did not refuse in writing then the Owner's would have a responsibility of going through the Board to have the work done and the Board would have the responsibility to properly "schedule" and pay for the future cleaning. Potentially if it is "Limited Common Area" the Board could assess only those 20 properties who would benefit from said limited common area work being performed.

So ... as you can see we need more info!

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