Being force to move with Settlement!

HOA's settlement offer to fix all the damages to my unit comes with I have to move out! HOA also wants a confidentiality clause and I wonder why? Any one know if that is possible and who do they want to hide the settlement from, there is only 9 units and they will be paying the assessment on it, so what don't they want them to know?

I suspect they want you to move out while they do the repairs as part of the settlement. Basically they don't want you crying "Mold spores" in the air causing you to be sick while they are exposing such. You can't rip out a floor, wall, ceiling, or plumbing without a mold exposure risk. (Not all mold is bad). Since you did not describe what the work is, it lend me to believe there is some kind of deconstruction involved.

The confidentiality agreement most likely isn't to keep it a secret they are doing the work. It's most likely to keep the terms confidential. Basically they don't want everyone to know that they are paying you X amount of money and a neighbor does same thing and gets no X amount of money. What then? That person going to get upset and demand your same terms. Even if they aren't the same.

So you came up with a settlement. Which is something you got to live with. Sounds like it means they want you out temporarily while they do the work. Which means no interfering or exposing you to health risks.

The President of the HOA wants a for sale sign put up after settlement and they will come look at the damages and see if they should fix it...Plus they want me to pay their Attorney and all fee's. The President acted with one other board member with no vote to take me to court to get an injunction for my 2016 ram 1500 crew cab for parking over night. My damages are the Foundation lifting in the winter that has racked my entry door that when that happens is almost non operable. Also new siding has been leaking above the front entry door for over a year and has caused water damage and delaminate of the frame. Then a few weeks after new siding my side wall going up the stair case blew out and cracked from the stair to the ceiling. this is from the slab sinking by 1" into the corner by the stairs.

I'm going to move and just want the unit fixed and pay my Attorney fee's.

Thanks and this is real!!!!

Good point and I do want to protect some of the people...only 9 units. This will also allow others to bring a suit against Board President for Breach of contract and other things.

Thanks

As Tim said, a confidentiality agreement isn’t that unusual, although with a 9 unit community, I get the feeling some of your neighbors may already know what’s going on (human nature being what it is, some people can’t keep quiet about raging conflicts, especially if they’re involved and they want a jump on telling their side of the story).

That said, I don’t know why the board wants a confidentiality agreement – perhaps so many stories have come out about this, they want to stop all the talking and guessing about who will do what and why, If you want your neighbors to hear your side, don’t sign and yap away – but don’t be surprised if the board digs in and refuses to give you anything without a court order.

Since you haven’t given us any backstory as to what happened and how you got to this point, I think it’s time you calm down, take a step back and consider what your end game is. Do you want your unit repaired? Do you want the HOA to buy it and then they can repair it or do whatever they want with it? Do you want the unit repaired, the HOA or someone to buy it – and then serve up a dish of crow to the Board and have everyone watch them eat it?
It’s ok to come here and vent, but that’s not fixing your problem. Be hard on the problem and soft on the people (so sayeth an old negotiation textbook I read years ago).

I’m not suggesting the board has been completely innocent, but I think you might want to concentrate on getting the unit fixed and then determine your future in this community. If the repairs won’t allow you to stay in the home while the work is being done, ask if the board will pay (or at least split) your living expense costs. If you’re already contacted an attorney about all this, get out of his/her way and watch him/her work. Or you and the board should consider alternative dispute resolution.

ADR can be faster and a lot cheaper than court and often both sides agree in advance to comply with the mediator’s decision. It can be a lot less formal than going to court and a good mediator can usually find a solution somewhere in the middle where everyone gets a little of what they want. You might want to check if there’s some sort of mediation program in your area. Once you do that, suggest that to the board and see what happens

What you said is what i'm trying to do. I'm not venting was just asking if telling some one they must move was llegal. Just wondered if any one new about the confidential part.

Here is what I would like:
1-Repair foundation from lifting
2-Repair hole in wall [8'x8'] going up staircase and Prime & Paint...Water damage from common area and foundation shift
3-Remove ceramic tile and replace...Crack in slab cracked tile in entry way from slab lift
4-Remove and replace Entry door for damage caused by water leaking from old and new siding..Could have gone after contractor but has been over a year.
5-let me park in the driveway with my truck till I move...can't park on streets....MOVING I've been trying to move for 2 years...damages go back to that time of siding damage...couldn't sell till issues were fixed then more problems came because they wouldn't fix the problems and still haven't.
6-Pay all my Attorney and other fee's and no Assessment.

We don't have ADR
President acting on his own without board approval [vote]
If this was taken care of in a prompt manner I would be gone and would have cost the Association a lot less.

Common area HOA responsibility for drywall out...Drywall blew out. Same with foundation.
Our bylaws state that if common area causes damage to a unit the Association or Insurance pays for all damages. And to be repaired promptly.It's been over a year and will be hard to go after contractor for the siding work which makes the Association responsibility for all damages.

They can't force you to sell, that is an FHA violation, A BIG ONE.

What does your attorney say about the legality of them requesting that you move?

The BEST way to get an answer on that is to decline the settlement and pursue the case through the legal system.

Attorney says they can put stupid things in a settlement which I'm not taking. The President has broken State laws for years by doing what he wants and by what he thinks what everything means. This President breaks the truck rule himself if you go by what he says it means and has allowed another person to violate it also. President has all this crap like yard flags, flower pots and religious statues that can be seen by everyone..This is a violation in our bylaws. Their has been no VOTE by the Association or the unanimous vote of the board. In fact he emailed the one board member that they didn't need her to agree because the majority agreed, no meeting no vote the other two just agreed on it. So now this President has wrung up a Attorney bill to over $5000 dollars without legal standing. He deems to be handling the negotiations all on his own without the board and it's approval or even the Association for that matter.

Please read carefully!!!!!

This has a court date not reached yet
Trying to settle before going to court
I've parked my pickup for over 6 years in my driveway.
President has parked is pickup for over 3 years in the driveway
Neighbor has parked his work lettered van and trucks in the driveway for over 20 years
President knew I was going to take them to court to fix Common area and my damage [in the bylaws]
President brought suit on his own through the Association without vote.
Not going to state all the bylaws and rules that say the Association is responsible to repair all damages and in a prompt time frame not doing it when and if they want to!
Maybe you would live with a 8' x 8' hole in your wall and live with ceramic tile torn out in your entry way that can't be repaired till foundation is repaired and a front entry door that is getting worse as we speak by water infiltration and racking of the unit from the lifting of the slap which causes it to be a safety factor.
I've tried to be nice and I don't get anything done they don't even come to look at it. Negligence!!!!

If there is anything you want to ask just ask and don't make crap up.
You seem just like this President saying I demand when I always request thing and he says I'm demanding.

BUT NOW I AM DEMANDING IT BE DONE SO I CAN SELL AND MOVE OUT OF A DETERIORATING ASSOCIATION THAT DOESN'T TAKE MAINTENANCE SERIOUS ENOUGH TO NOT CAUSE DAMAGE TO OTHERS.

THANKS

Settlement has been declined and for now just trying to get work done so I can move. Looking in to making sure the board voted on the offer or was it just the President. Trying to catch him so we can go after him personally so he can pay for everything.

correct, not 'right' but correct, UNLESS you go to court and petition for 'specific performance' under your contract (Covenant)

however

YOUR 'hands are dirty'
since YOU are in willful violation of (k), which is applicable to ANY truck

evidently you are such a PITA that 'they' want you actually gone

You are so right about the people that get in power! The last President which he moved had a saying that this was his Kingdom and he was the King! And I thought he was bad, this new one is a Commandant. I do have a lawyer!

Thanks

The confidentiality clause is quite possible and proper if applied correctly. Who it wouldn't apply to is anybody who is a member of the HOA. They all have a right to examine all contracts which the HOA enters, this being one of them.

I understand what your saying but my thing is we are only 9 units and 4 people know just don't think it's fair for the other 5. Me, 1 board member that didn't want to do the suit that the president put someone in her place without putting her in the voting process and the 3 on the board. But this new development in the foundation problem that the board hasn't done anything about, while I had a foundation guy out just the other day and found that the unit tied to the sinking area has the same issue. Guess what that owner went to the President and told him what my inspector found. Now I had to get some info for the Inspector on if the slab were continuous or divide. so I went to the city and found out the slabs do continue through the dividing wall. Both sides are sloping in the same direction. So I had to have the Inspector come back after finding the information for him. So he's coming out tomorrow and so I went to tell the neighbor what time. He told me that the president would be there and needed to see my unit...Funny nothing for me in almost two years and the neighbor gets it in a day from the President. Hope I can use that in court!