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PauG (Maryland)
Posts: 53
Posted:
I hope I can get some advice from homeowners that have been through this. My HOA is a small community of 110 townhouses. We are not a rich community, just middle class working people. We have a lot of renters now as well.

Our fiscal year is coming to a close, and some of us have found out that our HOA is $17,000 in debt for trash removal. When renters move out, they put stuff outside, and some homewoners are doing the same. There are no dumping signs, but they still do it. If caught they are fined, but many don't bother to pay and our HOA doesn't have the money to take them to court. Our city had all communities remove trash bins. When ours came down what was left were concret slabs. It was recommended to the Board to remove them, but they didn't and as a result bulk trash is put there. Our Board has not paid $4000 for snow removal. We have no money to spend, not even to rent the school for a meeting at $35 an hour, and our property management company and lawn service has not been paid. I blame this on mismanagement by our board of directors. Their lack of communication with members is deafening. When I asked about all this, I was told it was the property management company's fault, and that there was nothing they could do but have the bulk removed even through we were getting further into debt...without paying City fines. It's a mess.

After several emails went out to them about this, they've called a special assessment meeting for the end of June. I'm not sure how the notices will read, if they will explain why, and let homeowners know how bad things are.Most homeowners I've spoken to are worried this debt will be laid on them to pay off. No doubt it will be in one billing or our HOA dues will increase. Comes to about $160 each just for the $17,000. Some folks around here live paycheck to paycheck, and even dues are often a crunch to pay.

Any advice on this?

What can we do about a Board that has mismanaged our association? Vote them out, sure. We are to have elections, but last year they were the only ones that ran. I would run but I am disabled and my husband is recovering from a stroke. I'm his full time caregiver.

Is there a cheaper way to have bulk trash removed. This bill in ridiculous!
AugustinD
Posts: 5,144
Posted:
-- A Special Assessment seems the right move.

-- So far, I cannot say that going after the previous board makes much sense. Hauling away the trash of the last year or so would still cost x dollars, and I do not see a way of paying for this except by billing all owners equally. It seems to me to be only a matter of when the amount was billed to owners.

-- keep fining and above a certain amount, place a lien on the townhome. Where I am, liens are not expensive. Eventually the HOA will recoup the amount of the lien. Get the property manager familiar with the process, if he or she is not already.

-- Go after owners for their tenants' misbehavior.

-- Consider a camera focused on the areas where trash is being dumped, to catch the perps.

-- Your HOA could consider calling around and hiring a service to pickup the trash and haul it to the town dump.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Part of the problem is the Association is attempting to fine the renters.
Identify who the trash belongs to and assess the owner of the unit the cost of the removal.

The Association isn't that far in debt overnight.
You need to find out the delinquency rate and what is being done about it.
Why isn't the Board foreclosing on owners that haven't paid (do it once and the others will pay).

The buck stops with the board, not the management company.
The MC works for the Board, not the other way around.

Other then homeowner apathy resulting in nobody wanting to do the work, I don't understand why the Association isn't self managed. My Association is 130 lots and we have been self managed for the past 30 years. Becoming self managed can save the members a fair amount of money. However, they have to be willing to put in the work.

MarkM19 (Texas)
Posts: 1,459
Posted:
PauG.
I think that the board is the problem. Dues needs to meet your financial needs and reserves need to be maintained for future needs. They can not keep dues artificially low because some may not be able to pay. Most will and the ones that don't will face the lien process and will pay later.

Boards need to run as a business and not as a loose knit place where people spend others money. If you really want to change things the only way to do it is to volunteer for a seat. It can take as much or as little time as you have to give. Fighting from the outside is a waste of time.

Good Luck
PauG (Maryland)
Posts: 53
Posted:
Received a letter today announcing a meeting. The Agenda is to 'Discuss a Special Assessment for Property'. I hope the homeowners in my HOA understand what this means. There was no explanation. I am assuming it means a raise in the dues. This is going to hurt a lot of people financially.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PauG on 05/27/2018 3:30 PM

I am assuming it means a raise in the dues. This is going to hurt a lot of people financially.

No.

It means an additional payment in addition to the regular assessments in order to address an issue this year (not future years). To correct future year issues, an increase in assessments is highly likely (in addition to the special assessment).
PauG (Maryland)
Posts: 53
Posted:
Thank you for clearing that up.

The incurred debt is due to mismanagement over the last several years. Is there a way to hold these Board Members accountable.
Members want to vote them out, which is what we plan to do, as long as others step up to replace them. We have concerned homeowners, and then we have complacent ones.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PauG on 05/25/2018 7:58 AM

Is there a cheaper way to have bulk trash removed. This bill in ridiculous!

Paul,

Expecting you are in the DC area, I'm in a 130 lot home in Fairfax County.
Our monthly expense for trash/recycling is a little over $1,700 for curbside service.

When our contract came for renewal, we bid it out to several contractors.
One contractor was 10K/yr less then our current vendor. Since we liked that vendor, we asked if they would match that bid for a 5 yr contract vs. a 3 year contract - they did.

The key is not to simply renew the contract when it comes up, but to bid it out every time to find out if you are paying at, above or below market price.

If you are in the greater DC area and on your board, contact me and I'll give you a copy of our request for proposal (RFP) and who we asked to bid. [email protected]
TimB4 (Tennessee)
Posts: 21,059
Posted:
To clarify, that's 130 lot townhome development.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Paug

How large is your association and what is its yearly budget?
PauG (Maryland)
Posts: 53
Posted:
With this Board, we haven't seen a yearly budget sent out in five years. I've asked for it numerous times, including copies of the finances which homeowners are entitled to. When all this got out about the serious debt, I again asked to see the budget and finances. No response.
They sent a notice out we got yesterday calling for a meeting to discuss the issue, so maybe they will have the reports and budget. I don't think anyone has embezzled money, just poor management, and letting the trash pick up cost go on and on. They should have done something asap when they saw we were running out of money. We can't even get the Board to agree to have our HOA meeting at the school across from us for $35 an hour. They say they don't have the money. Instead we are meeting at the property manager's office. I have no idea if all 130 homeowners show up, how we will fit in there.
A couple homeowners are getting the school and paying for it to have a separate meeting to discuss how we are going to deal with this Board and they debt they've allowed to happen. Of course the Board is blaming the property manager. Nope, it is their responsibility. I was told what else could they do but have the trash removed or face fines from the City. I've come up with a few suggestions and I hope they are willing to listen. The president is very rude and volatile and will tell people they cannot speak. People walked out on one of her meetings.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Paul,

I haven't seen, thus far in your comments, an indication that you want to be on the Board.

I have seen that your and others have allowed something continue with the Board for years - without doing anything. When I say "doing" I mean voting them out, addressing it via an attorney, etc ... action of some sort.

So ... no action, lots of finger pointing, no interest in volunteering for the Board ...

You Are the HOA.
PauG (Maryland)
Posts: 53
Posted:
George,

Excuse me, but my wife served on the Board for five years until she was diagnosed with cancer. She has been in treatment since. I have had two strokes and am unable to serve due to complications. We are staying involved as best we can, communicating with the Board and our fellow neighbors who also are doing the same. Yes, there are some complacent homeowners, but there are many of us that have lived here a long time and care.

It isn't that we allowed this to happen. The current Board kept it under wraps and did not communicate with the homeowners. It wasn't until a few weeks ago the debt issue was leaked. We asked several times to see the budget and the finances, with no reply. We've been told throughout the last fiscal year that everything was fine financially. No problems. There was no appearance of issues either. Our common grounds were maintained. Bulk trash removed.

There has been a lot of action on homeowners part on my street. We work hard together beautifying our common areas, mowing when the grass is too high, helping each other out, and more. The problem is not US the problem is the current Board for their mismanagement and lack of communication.

We are the HOA and are preparing a meeting to take action, and to discuss the issues and how to deal with this negligent board. They have called a meeting with a simple letter saying time, date, and location (which cannot fit everyone) for a discussion of a Special Assessment of Property.

So please do not accuse us of 'finger pointing' and no one having an 'interest in volunteering for the Board'. You are assuming and what you have said is not true. We have elections coming up this July and there are those who want to run. We'll vote the old Board out for their negligence.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sorry, Paul, for your personal medical problems.

BUT, your letter is consistent from members of a community who are enraged about something, but have done nothing - you did say five years, right?

I don't understand how this can go on for this long without action - it doesn't have to be your action - it could simply be hiring an attorney, notifying the HOA ombudsman for the community, county, city, etc, or gathering votes, going to Board meetings, etc.

Again, it does not sound like this has been done for the past five years ...??

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