Please help! HOA does nothing

Started by EricJ4 • 10 replies • 880 views

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EricJ4 (Virginia)
Posts: 4

Posted:

Since the new president took charge of the board, the mess began. The common area in my street has not been maintained for a long time. And a tree is going to falling soon. I talked with the board about the tree issue since last year. The president promised me many times that the problem will be solved. Well he never delivered these promises. The management company only talks to her not even other board members. And now she refused to reply my emails. So other board members are out.

I wondered whether I need to take legal action now. I thought about sending a certified mail to her but with so many conversations between her and me, including emails and in person talking, and she still did nothing, I felt it would be useless as well.

Any advice or help would be greatly appreciated. Thank you.

EricJ4 (Virginia)
Posts: 4

Posted:

Added: It has been 13 months since my initial conversation with the president. And the president had all kinds of excuses, budge issue, the property company's fault.etc.

BenA2 (Texas)
Posts: 1,273

Posted:

Do other owners share your concerns? If so, I would get as many as you can to go to a board meeting and demand action. If the board is not performing their duties the remedy is to vote them out. You seem to put the blame on the president but he usually has no more or less authority and responsibility than the other board members.

KerryL1 (California)
Posts: 14,550

Posted:

I entirely agree with Ben.

And also, the president, unless there's a very lazy, sloppy Board, does not make those decisions, the board of directors does. These decisions must be made at open meetings in VA. You need to send a letter to the Board via the property mgr.

KerryL1 (California)
Posts: 14,550

Posted:

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So what are you going to sue for? Are you the only one that wants the tree down? Have you found and submitted bids for it's removal? Is the tree a danger to any homes?

People say their HOA isn't doing anything because it's not doing what it wants them to do. Well HOA's work as a group decision. It's not a single person. Honestly, there may not be enough money to take care of the tree. I know in our HOA it took us 2 years to save up enough money to cut down some trees. Plus several meetings. A tree can cost a few thousand dollars to remove. It also needs to be done by professionals that are licensed and insured. NOT by volunteers.

If your the only one that wants that tree addressed, then your most likely going to be ignored. If you can get more support and do a bit of effort, then it may happen. Your a member, so don't see a reason why you can't Atleast get a bid for the board to consider.

Former HOA President

EricJ4 (Virginia)
Posts: 4

Posted:

Thank you for all your input. A few things I would like to clarify. 1) the board has the fund to do the job. 2) the president never said it can't be done and always blame the management company. I can share more details. But the fact is the president dominates the board and other board members either don't know or want to get involved. Can I get a bid to persuade the board? Sure. If the president will response to but he now completely refuses to responds me at all.

I do appreciate all the board members's service for our community. I know they are unpaid. But this president is definitely abusing his power.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Eric,

Send a letter, certified to the Association.
Via first class mail:
Copy every other board member (sent to their home).
Copy the registered agent of the Association.
Make sure to identify the copies on the certified letter.

In the letter, be polite. Thank them for their work. Point out that this was first brought to the attention of the board on mm/dd/yyyy (verbally/written)and you have seen no progress despite repeated discussions with [name]. Explain that you are concerned of the liability for the Association if the tree falls. Explain that you are sending these letters to protect your position if the tree does fall and causes damage to your property.

To: HOA
Sent Via Certified mail xxxx xxxx xxx xxxx (certified mail number)
Date
Subject: Tree in common area by xxxx

To the Board,

First and foremost, I want to thank everyone for the hard work you do to make our development a good place to live. It is appreciated.

I first spoke to [name] on mm/dd/yyyy (or around) about a dead/dying tree near my property.
Even though I have had additional discussions with [name] about the tree, it seems that work is moving slower then expected to address this issue. I am concerned that the slow pace of having the work done presents a liability issue for the Association if the tree falls.

I am sending this letter, along with the copies, to protect my position if the tree falls and causes damage to my property.

Again, thank you all for your hard work. I hope the tree is taken care of soon.

Name
Address
Phone
Email

Copy sent by first class mail to:

Name, Director
Name, Director
Name, Director
Name, Registered agent for HOA

TimB4 (Tennessee)
Posts: 21,059

Posted:

You can identify who the registered agent is through this website:

https://sccefile.scc.virginia.gov/Find/Business

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By EricJ4 on 04/25/2018 8:37 AM
The president promised me many times that the problem will be solved. Well he never delivered these promises.

Simple. Vote him off the board at the next election. Or do a recall if you can't wait that long.

EricJ4 (Virginia)
Posts: 4

Posted:

Hi TimB4 - Thank you so much for your help. I will do it soon.

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