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JesseP2 (Georgia)
Posts: 4
Posted:
Hello all,

I'm a newly "elected" board member. By elected, I mean I was one of 6 people that showed up to the meeting, so we all became board members. But I was wanting to join the board, anyways, so I'm certainly not disgruntled.

Actually there are a total of 4 board members, but 2 have gone dark, and I recently found out the the president (the only other active member besides me) will be moving in 6 months.

I've only lived in the neighborhood for about 1.5 years, so I'm still learning about the history. It's a fairly new community, around 10 years old, but apparently there's been a lot of turmoil with the owners and the HOA. Fees changing every year, documentation getting lost, plans being unfulfilled, etc. We've used a management company for the past 3 years, and it seems like things have been stabilizing, but a lot of the owners that have been around for a while still have a bad taste in their mouths.

So has someone who is excited for the opportunity and optimistic for the future, do any of you have any advice? Things I should learn, etc? I'm starting to figure out how to understand these financial statements and am starting to figure out the current state of things.

It's a military town, so there's a lot of turnover, a lot of renters, and a bunch of people who haven't paid their dues in years. I figure my first goal is to find the payment history to get a good, realistic idea of how much in dues we will *actually* receive per year, so we can start getting together a more realistic budget, see what we can do to pretty up the entrance, etc. We have no amenities, and I know that bothers a lot of people, and we always get the questions of "Why am I paying so much?", so I want to add a little more transparency, newsletters, events, etc.

But anyways, really just popping in to say hi!

Jesse
MarkM19 (Texas)
Posts: 1,459
Posted:
Jesse
Well welcome to the site. I have found many posts that really helped me early on in my board days. It sounds like you have a very good attitude which will serve you well during your term. It can be a thankless job so you will have to realize that many of the good things you will do will go unrecognized and any mistakes will be exaggerated. Just remember that your Fiduciary Duty is to the HOA and not to any single member.

Best of luck to you.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Hi Jesse!

I do have some advice:

1. If you become president, please work through your property management representative to handle HOA business. The manager is not a resident, it's their job and their work shouldn't be subject to emotion or neighborly pressure.

2. Along w/ the property manager, determine whose accounts are solid and which are non-performing. Every property owner signed an acknowledging that they were buying an HOA-restricted property when they closed, ESPECIALLY landlords. Therefore, there is no expectation of ignorance if you try to collect.

3. Begin following your state collections laws to recoup uncollected money if you can accurately assess delinquency levels. If it's not known due to sloppy book-keeping of the past, "start the clock" from where you DO have good solid ledgers

4. Fully learn how fees can legally be changed in your neighborhood. My HOA, for instance, can only match the U.S. inflation rate for increases without owners directly approving it. Getting this knowledge, then sharing it with your community is important transparency.

5. Be optimistic but take it slowly! Slowly in that "fixing" a bad HOA situation can take three to five years to turn around operations and subsequently build trust.

6. For budgeting purposes, work w/ the property manager to ensure that, in fact, your HOA dues rate, IF IT'S COLLECTING FROM ALL ITS RESIDENTS - is high enough to cover the base maintenance and operations of the HOA organization. (Your dues rate can be high because few people pay it and many others ignore it). Engaged residents will pay their dues. Weak HOAs will raise dues rates to offset uncollected dues/cover non-paying accounts.

6A. Once you know the revenue you can receive, make sure you set aside an amount for capital expenses. My HOA pays its monthly operating costs and saves between 28% and 30% into a reserve account (we have a pool, lake and paved path).

7. Have your property manager find a collections attorney or simply learn which attorney they prefer.

8. Prepare to bring before your open board meeting a proposal for collections, outlining the process. NOW....you will be following your state's collections law but HOAs often allow for "nice reminder letters" that are in addition to state collections. These friendly reminders slow the process but following the strict letter of the law is clean (but non-payers will accuse the HOA of being heavy-handed).

9. Skip hosting events. Without amenities and with people grumbling over dues rates, it's a waste of money. Digital or Email newsletters are excellent. However, you would author them but have the property manager mass-email them to the community so that any inquiries or replies can include the manager before reaching you - the volunteer.

10. When people rage at your future meetings, simply say "Thank you for coming and sharing your opinion." Most simply want to be heard.

Good Luck and if I can be of assistance down the road, shoot me a note. I became president the first year I joined my board. Debt-ridden and argumentative, we all turned it around (and rebuilt relationships in the process).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Welcome! Kelley gives good advice. Believe me when I became President of my HOA there was no such forum like this. It was all complaining about their HOA and screaming at each other. This site we concentrate on educating and encouraging people to be involved. Be it a member, resident, or board member.

1. Remember the HOA's money is NOT your money. It is EVERYONE money. So spend it as such.
2. Set a policy about collections. We did a 6 month we lien and 1 year we CONSIDER foreclosure. That way it's established and equal amongst all. Your timeline may vary. Ours was set due to at 6 months dues owed equal amount to paying for the lien. ($400).
3.Get a dog. Sounds crazy but 2 things with a dog. You can walk around with them keeping an eye on things and meeting people. #2 it may need to protect you... Just kidding...

It is a tough road. It took me about 2 years to make changes. My 3rd year was able to stabilize things. It may be a "Thankless" job but it's also a "Thankfull" job as well. Keep that in mind...

Oh and if someone threatens to sue, (Which they will) tell them "Suing your HOA is suing yourself and your neighbors. I will wait on the paperwork or a solution. Thank you". Don't knee jerk react and run up a lawyer bill just because you hear those words. A court can only make one "Whole" and damages have to be proven. The HOA can always counter-sue.

Come here for questions and we will do our best to answer them. Keep in mind we are NOT lawyers. Just people who have been there and done that. The T-shirt just shrank in the wash...

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jesse,

Sounds like you are the right person for the job. You have a good outlook and a desire to share as you are learning.

I offer the following:

Perhaps the following resources can help:

The Board Member Tool Kit
A GUIDE FOR COMMUNITY ASSOCIATION VOLUNTEER LEADERS
from CAI

Best Practices Reports from the Foundation for Community Association Research

Subject: Reserve Studies/Funds 101 thread on this forum

Beginner's Guide to HOA Boards of Directors Duties and Responsibilities from The Educational Community for Homeowners (a California based organization - keep that in mind when they refer to statutes)
JesseP2 (Georgia)
Posts: 4
Posted:
Wow, thank you all for such great advice!!

As far as collections goes, we do have a collections attorney, but I do need to learn more about how that process works. From what I understand, the collections agency will handle the collection attempts, but the delinquency will not hit their credit report. I guess that's a different "level" of collections? It's been talked about, or at least asked if we are able to report to the credit agencies to give a little more incentive to pay. I think we were told "We can, but..." and I don't remember the rest. Maybe that's something we should look into. Again, I need to learn more about the process. So while we do have a collections agency, it seem they can just simply continue to ignore the letters and go basically unhindered.

Kelly, you mentioned that engaged residents will pay their dues, but also said skip hosting events, as it's a waste of money. I thought that would be a good way to get people engaged. But maybe I should start slower and start with just beginning a digital newsletter, and keep the residents informed through our facebook groups on any changes, financial reports, progress on our goals, etc.

And to Melissa, apparently the HOA has been sued before, and just a couple weeks ago, the same guy threatened to sue again. Seems like it was just a heated argument with the community manager, and it was just an "in the moment" threat, but still something I didn't think about happening when volunteering for the board!
GlenM4 (Tennessee)
Posts: 141
Posted:
The one I have to say sticks out the most to me is

5. Be optimistic but take it slowly! Slowly in that "fixing" a bad HOA situation can take three to five years to turn around operations and subsequently build trust.
AugustinD
Posts: 5,144
Posted:
I hope you are becoming familiar with the Bylaws and Declaration and other governing documents via a quick skim and then more in-depth reading as time allows. If you adapt the attitude that the HOA Board's main function is to be the voice of the governing documents, then I think serving as a director will be easier.

Avoid "paralysis through analysis." That is, many battles are not worth fighting.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Jesse,

I'll respond step-by-step.....

Regarding collections, understand the process but delegate to your manager, who must work w/ the attorney. Stay out of the direct line of communication as having any board member in between the parties carries no upside. Even resident communications should go to the attorney or property manager, depending on depth of delinquency. DO NOT USE COLLECTIONS AGENCIES.....use collections lawyers familiar w/ HOA processes. HOA debt is not consumer debt, like a credit card.

Credit reporting is not a good strategy when your HOA likely has the ability to file liens and ultimately foreclose to force payment. Use the collections process and don't worry about HOA-reported credit agency reporting.

When residents are complaining of high dues rates, what they really are complaining about is a lack of financial transparency and/or wasteful spending on frivolous matters. Guard the money and focus it on the "business." HOA dues are essentially a confiscatory tax....a volunteer one but a required fee nonetheless. If YOU want to engage through social activities, self-fund the party at this point.

A digital newsletter can be very effective. I don't use Facebook groups for my community as I think it's too subject to trolling and "angry" neighbors have an outsize influence and will complain about your every word. You want to articulate policy and vision, not engage in emotional, passive-aggressive, community posts.

The property manager should be instructed to immediately cease ALL communication w/ any resident threatening a lawsuit and direct them towards the HOA attorney or to have their attorney contact your attorney.

If the property manager has a "heated" argument w/ one of your residents, the property manager has a problem. Prop. Managers are paid by all residents, including the angry ones. Tell your manager to straighten up.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with Kelly. Credit reporting isn't the best option. The HOA is better with liens/foreclosures. Keep in mind: The HOA is NOT to have social security numbers of any of it's members. That is not a requirement. Never ever give them one or request it. This makes it harder for credit reporting using Social Security # or some other garnishment options. Just have to do a different process.

Former HOA President

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