hoa rights

Started by FredK1 • 6 replies • 1238 views

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FredK1 (California)
Posts: 3

Posted:

I live in a gated community totaling 238 with 11 pools 10 tennis courts, one feature court is a artificial turf court below ground by the way we have 26 acres of man made lakes surronding everything.The question I have is a email was sent to me by the board regarding the feature court that they have decided to fill it in with dirt and grass it over, this court has not been maintain for a long period of time therefore it was not safe to play on due to no maitanence which I can assure I have asked many times over the past 10 years.I have served on the board for 4 years and been on committies for 6 years.We have 5 board members so I was 1 against 4 as they have no interest in tennis court. also each time the subject came up we have no funds to spend since all this time we have spent millions on roof repairs,painting all the premises,renovate the clubhouse etc etc the question here is I have been emailed by the president of the board that they have the right by state law that they can do what they want to with any asset that is in desrepair or if it is not used for a long period therefore they do not require to inform homeowners or have a meeting regarding this matter.The reason I brought this up with a newspaper article something on the same line about swimmig pool that some people in a condo community wanted to remove bcause it needed big repair one of the people who happen to use it a lot says they cannot remove it because when he bought his condo the pool indoors was there the newspaper article says someone may sue if they removed it but they the strata can call for a meeting or mail out info to all homeowners to notify them what they propose to do then have a vote with 70-75% approval.I do not really have a problem with them filling the court with dirt its just a shame as it was a feature court with water around it and if they would of maitained it like they should of it would still be here I feel they are just covering their mistake by saying the state law says they can what state they are talking about I do not know I do not want them to get away with trying to con me beliving they are right.
Fred

GloriaM (North Carolina)
Posts: 829

Posted:

Fred:

Any common area must go through membership to "get rid of", sell etc., every Owner shares in the common interest, therefore it should be voted upon by the membership.

FredK1 (California)
Posts: 3

Posted:

Gloria
I thought that myself but they could not of come up with this state law stuff unless they contacted the hoa lawyer.I would assume that if there is a state law regulation there must also be one that says they must maintain the assets also?

SidneyP (Florida)
Posts: 302

Posted:

This is on a much simpler matter but I need help. Our BOD's have not maintained our common area park or the large island that is near our entrance in the 19 months since the developer turned it over to the HO's. Mainy of the azaleas and other bushes have died and they just pulled them up, leaving a big empty spot, with no intention of replacing. We have 28 beautiful healthy junipers in the island. The prob;lem is they are surrounded by weeds, weeds and more weeds. We paid $2943. for this landscaping a few years ago. The problem is that at our last meeting (in which only 10 HO's + BOD's came) the BOD's told us they were taking out all the landscaping and the path to the lake/pier and plant sod because it was so much easier to maintain. I was the only one who objected and tried to point out that landscaping added value to our properties. I tried to explain that the junipers, had they beeen taken care of would have spread and covered the entire area, making for even less maintance. Their comment to me was, "are you going to go weed the area". Of course my answer was, NO. I said I thought that was what my $818. a year assessment dues paid for. I got no reply, only a roll of the eyes. SO does the BOD's have the right to do this. Souldn't ALL member have a say in this?

We are a very small community (77 units). We have no amenities except the small park w/a small gazabo and our lake (that had 2 beautiful fountains) w/a pier. One fountain had been gone for 2 years and the other was broken for over a year and a half. A HO's worked on it and it's back but leaning and when it's on it sprays sideways. The BOD's will only let it run a few hours because they say it cost to much to run. What I guess I am trying to say is that the BOD's are taking away what few amenities we paid for when we purchased our homes. We only have 15 out of the 77 HO's live there (4 of these are up for sale, trying to get out) so they no nothing of these plans. If the BOD's can do this, it is a shame that 4/5 people can take away everything that belongs to all of us.

RitaW (Tennessee)
Posts: 16

Posted:

Our CCRs say we have to “give” it to a government agency or utility ---like the city or county

PatrickH (California)
Posts: 204

Posted:

Hi Fred,

From your posting, it sounds like your HOA already has 10 tennis courts and wants to fill in the one that is below grade with dirt and cover it with grass. If the nine courts that remain are enough for the HOA, then turning one into some type of grass area probably isn't too much of an inconvenience. Tennis was a very popular sport several years ago, but has been declining in particitpation over the past decade or two.

My HOA has four tennis courts and rarely is more than one being used at any time.

I do think that the Board should have notified the owners of it's plans if they didn't do so, but removing one tennis court out of ten isn't as bad as closing the pool, tennis court or other facility if it's the only one you have.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Have you checked the zoning and the county Master Plan?
Could be important. Also your documents may contain some conditions for the Board to abide in order to shut down a recreational area.
Howabout a croquet court, that is minimal upkeep. Also have a look at your state statute.

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