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TaraB2 (Illinois)
Posts: 21
Posted:
Hello everyone.

3 of our street lights have been out since June and when they first went out our BOD's were right on top of the issue and were going to get quotes from electricians and fix the problem. Here it is September 3rd and the street lights are still out and our BOD's are telling homeowners "Well...It's a little more complicated than we expected, but we have been using our time diligently to interview management companies instead" and now our board has sent out a memo that they will no longer be doing any projects until the management company takes over in October.

As a matter of fact, our board really hasn't done much of anything this year so far except spend money. We have a retention pond that needs to be graded because the water doesn't drain properly and just sits there (technically it's a mosquito breeding pit). The board told the homeowners they would be painting the mailboxes in June (that did not happen). Roofs were "scheduled" to be done in July and August and nothing has been even discussed yet on that.

I was wondering, since our board doesn't seem to be doing their job properly, can the homeowners threaten to not pay their fees until we see some results or do we need to find a lawyer and file a lawsuit against the board? A lot of our homeowners are older and on Social Security so they are hoping to be able to take care of this without any added expenses.

Thank you in advance for any advice.
GlenM4 (Tennessee)
Posts: 141
Posted:
What you can do , is run to be on the board.. once you get on the board and see what the issues are, then figure out a way to fix them. But that's my thought on it.

not paying fees will just hurt everyone, including you.

you can ask a lawyer, but has the HOA given you a response to the items you discussed?
PatJ1 (North Carolina)
Posts: 568
Posted:
You want results? You can read your governing documents. They probably allow a special meeting to be called and then you need to have enough members attend to vote in a new Board.

That is if you have members willing to be elected during the special meeting that was called.

Are your street lights private? Ours aren't, they are leased from our local utility. Sometimes it takes time and multiple requests to get street lights working again.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TaraB2 on 09/03/2018 11:46 AM

I was wondering, since our board doesn't seem to be doing their job properly, can the homeowners threaten to not pay their fees until we see some results or do we need to find a lawyer and file a lawsuit against the board?

You could threaten that. However, it would cause more problems for both the member and the Association then it would solve. The Association would see less money to pay bills and the member would incur late charges and potential collection actions. Worst case, the member could lose their home through foreclosure.

From what you are saying, it appears that the Board (volunteers) simply don't have the time to do everything that needs to be done. Instead of causing more issues by not paying assessments, offer to do the research and obtain bids for the street lights or help out in other areas.
KerryL1 (California)
Posts: 14,550
Posted:
I think IL has open meeting laws for HOAs. Do you attend meetings and ask the board why these matters aren't getting handled?

In your opinion, does your HOA have enough money to complete these tasks?

Does your board have a property management company to assist the board with these routine matters, e.g., getting bids?

It's true that your covenants (declaration, CC&Rs) most likely say the board's main job is to protect and maintain the common areas.

Are there detached homes, condos, or? in your HOA? How many? How many directors are there? How many do your bylaws say you're supposed to have?

As other wrote, never withhold dues. Also as others wrote, you can gather support to recall the board. Or you can wait for the next election and be a part of a slate of candidates Or you can encourage others to run and give them really good support.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By TaraB2 on 09/03/2018 11:46 AM

I was wondering, since our board doesn't seem to be doing their job properly, can the homeowners threaten to not pay their fees until we see some results or do we need to find a lawyer and file a lawsuit against the board?

Withholding dues is generally a bad idea. You are still legally obligated to pay them, and the association can tack on late fees, legal fees, interest, and possibly even foreclose on your house. The most likely outcome of withholding fees is more money of of your pocket.

If you sue, you'll probably be suing the association, not the board members personally. In this case all members end up paying to defend the suit, so you'd be paying on both sides. Talk to an attorney to see if that makes sense in your case, but most likely it doesn't. In any case, lawsuits can take years and easily cost tens of thousands of dollars on both sides.

As others have already mentioned, your best bet is most likely to work on getting a more responsive board, either via the normal election process, or by a recall election. State law and your governing documents should tell you what is required for a recall in your case. While waiting for a regular annual election might seem slow, especially if your directors do not have single year terms, it is often the simplest approach.

Escaped former treasurer and director of a self managed association.
TaraB2 (Illinois)
Posts: 21
Posted:
Thank you so much for the wonderful advice.

I talked everything over with my husband last night and we have come to his decision...We are going to pay our fees and an election is supposed to be held in October. My husband is going to talk to a few neighbors and see if he can get a group together to run against the current board.

We really appreciate all the advice that you gave us and thank you again.
FredS7 (Arizona)
Posts: 927
Posted:
FIRST thing to do is to attend a meeting, maybe understand the issues a bit, and ask a question or two during the open comment period.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By TaraB2 on 09/04/2018 8:13 AM

I talked everything over with my husband last night and we have come to his decision...We are going to pay our fees and an election is supposed to be held in October. My husband is going to talk to a few neighbors and see if he can get a group together to run against the current board.

You don't mention how big your association is, but if you want change, you might want to campaign for your candidates beyond a few neighbors. Depending on state law and your governing docs, you might want to gather proxies. It is common for entrenched boards to gather proxies themselves and use that to keep voting themselves back in.


Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Sounds very good, Tara. You don't have much time though as candidates' materials may be due to your mgmt. office, board or someplace else a month before the Annual Meeting and Election.

Do try hard to get some neighbors together to talk about the issues and form which to field candidates.

Fred is right--attend meetings! Also learn, probably from your bylaws how many open seats there'll be for the election. Usually not all are open.

For more dvicd, tell us the size of your HOA and how many directors there are supposed to b.

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