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JeanF1 (California)
Posts: 1
Posted:
I moved into gated community in April of 2005. I went to first meetings of our HOA and because I have years of Property Management experience I was asked by then President to help. I pointed out some obvious problems like gates standing open etc. Over time I recognized that this President with want "help" he wanted allies. He wanted members to 'rubber stamp' expenditures (for a new entrance which would cost hundreds of thousands) and a water feature that I knew was not only a liability where it would be located but totally unnecessary to continue the great look that the HOA next to us had. Then the budget came - and went -....the budget they put out in 2006 was NOT followed and, in fact, this Board fired the existing Property Management person (who was just fine) and the landscaping company (also just fine) and hired a new Property Management company..who reps about 100 local HOA's and are the worst I've ever seen...they farm out billing of monthly dues but still manage to mess that up, which is why many of us pay a month in advance...they'll get the bills to us that were supposed to be for the 1st of a month, around the 12th and then the due date is the 15th and they have the gall to charge some of my neighbors late fees!! They obviously do not even do a drive through (trash in gutter or in park stays there up to 3 weeks) ... but the big deal is the web site. I had said that we needed a web site so we could communicate with each other. People were using it and then the person on the Board who recoils when asked "WHERE IS THE MONEY GOING" (now $ 45,000 more a year for property management and landscaping...with less landscaping services) just killed the open forum again. WE can't log on. HE tried to say that the board would sue anyone who was 'causing trouble'....so I'm sure you get the picture. Aside from going to the meetings (which by the way, they've dropped two this year I know of...when the CC&R's say they need one a month)..what can we do? Didn't I hear that the Secretary of State of CA was going to have some forum or help for us HOA members? I'd appreciate the help. I don't give a hoot about the politics...this is like High School (only worse) all over again. Don't they have to show where the money has gone? Thanks!
DottieS (Massachusetts)
Posts: 34
Posted:
I can only say, that our condo documents tell us that we can ask to see the books, so I would check your documents , If you are going to look at them you will need to take notes and give them a timly notice.....
NancyD1 (Florida)
Posts: 447
Posted:
Dottie,

Of course they have to show the homeowners where their money is going. When the budget is not followed question why? This is best done at an open meeting of the BOD. They cannot avoid the question. Request the financials, as per your doc's.

As for firing and hiring another PM company; all I can say from experience, is that most homeowners do not what goes on behind the scene. If you really want to know the answers to all, get involved. Run for the BOD, join a committee. Then your thoughts may change.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JeanF,
I am sure there will be some CA people that are knowledgeable and will post specifically to that part of your problem.
I will be more general. You say you have had property management experience.
What does your experience tell you what to do? If I found myself in your position and knowing what I know, I would start with reading and understanding your CC&r's. Once I had a grasp on that I would take a look at Board Members Individually and their actions when in meetings. Look for anyone that offers reason to believe he can discuss the association fairly. I would look for supprt in the community and make the disagreement between some owners and the Board. I assume you have tried to approach the board at a meeting with significant questions and that failed. The action of the Board to take the "comments" section off the Web site is a defensive action and not a good sign, shows insecurity on Boards Part. Our Board did the same and right now we are in the transition process of changing an entrenched board. I expect that little action will be changed soon and we willl have a return to a Comments section. There is nothing to stop anyone from setting up their own web site and as long as it has a strong disclaimer on it, you can take all you want about Association business. It is very important for the We Master to be fair and follow specific guidelines about what will be posted.
Also, take your time, don't be biased and support the Board vocally when you can. You could easily be at the job next year at this time but you are not looking to cause disruption, you should be looking to improve the associations. Keep the big picture in mind. Work up an e-mail list of your members if the office won't give it to you. Our office had the habit of not hiding their e-mail address when they sent out e-mail notices, check that out, but get organized and get people to join before doing anything.
NancyD1 (Florida)
Posts: 447
Posted:
Quote:
Posted By NancyD1 on 09/30/2007 6:09 AM
Dottie,

Of course they have to show the homeowners where their money is going. When the budget is not followed question why? This is best done at an open meeting of the BOD. They cannot avoid the question. Request the financials, as per your doc's.

As for firing and hiring another PM company; all I can say from experience, is that most homeowners do not what goes on behind the scene. If you really want to know the answers to all, get involved. Run for the BOD, join a committee. Then your thoughts may change.

Sorry Jean, I meant my answer for Dottie!!
SusanJ3 (South Carolina)
Posts: 61
Posted:
Well, I asked for the budget from the treasurer, who insists on being the sole signer of the checks, and this was his reply...

We Have No Reason To Provide A Detailed Report To A Homeowner For That Type Of Request. Please Attend Any Formal Board

Meeting And A Detailed Treasurer Report Is Given To All In Attendence. Also If You Have A Special Concern or Question I’d Be Glad To

Answer Such Or Meet With You At The Community Bl”dg, Before Or After A Board Meeting. Providing Detailed Reports Are An Unecessary

Expense. The Monthly Financial Statements Are Prepared By Our Management Company And Approved By Me And The Board Each Month.

All Deposits Are Received Directly By A Lockbox Controlled By Benckmark And All Bills Paid Are Approved By Me Before Paid Each Wednesday.

Also For Your Information The Budget Provides For A Non-qualified Yearlly Audit By An Outside CPA Firm And Will Be Available At

The Annual Meeting.

Bill Kaylor

so, what to do? He followed up with an even less friendly response.

MicheleD (Kentucky)
Posts: 4,491
Posted:
I'm trying to understand what you find obstructionist in his reply.

He's mentioned that detail information is available at board meetings. He's even offered to meet you before or after to show you, I presume, the books.

What is missing that you won't be able to review with this format? I'm not seeing it.
Jadedone4 (Virginia)
Posts: 495
Posted:
SusanJ3, I agree with MicheleD above... the Treasurer has made a concerted and open invitation to open the books to you. Agree to this, get your foot in the door, and review what you can - be reasonable back to them and you may get a different response.

Yes, your board has some shortcomings... as President of my board, I leave out of every meeting with someone "pissed off" at a decision that they think that I have made alone, etc. Doesn't happen that way, but it is what happens when you are the "face" of the board. Get involved in the board, run for office, or position (committees, etc) - the more you know about the process the better prepared you will be in addressing issues that you find. Trust me, when I say if you have the time to dedicate to finding something wrong you have the time to make a difference. Once you fully know how and why things occur in a board ran HOA, you will only expend about the same amount of time in actually working for the HOA. Once I staffed the board with folks willing to put the work in, things got a lot better (and easier) for everyone - if you have "butts in seats" board, nothing will get done, or those doing it will burnout.

Go to the meeting with the Treasurer, review the documents with an open mind, but sharp pencil. Read the documents and request copies as they are afforded in the documents (you may have to pay for reasonable photocopying, etc), attend the meetings, ask questions, get involved... remember that the folks sitting in the board seats are neighbors....
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Susan and all,
Although on the surface the replies you have received ffrom your board may well ne an attempt to provide you with hte information you request I do not agree with the other posting that you are the one unreasonable here.
I just don't know from what you have posted. I understand the effort here to try and redirect your interests into aa more productive mode of action. However, you have right also and I find the above (if exact in context) to be as much of a problem as your interests are being labled as a problem.
The Board member was not, IMHO, open and receptive to your interests. I don't know from this posting what your motivations are and maybe the Board does. You took the time to write and to me that spells concern, not a bad thing in an HOA, sometimes you run into personality conflicts, maybe that is part of the problem. I suspect you could have prepared your questions in a more organized form and that means in writing with a request for response. Seems you all have started off on the wrong foot more than anything and by going to an open Board meeting, read your concerns, stay away from opinions, offer any assistance you can to mediate your requests and formally request what you want to see or provided. I suspect your are just touching the tip of the immovable object. Boards can become very protective about their written words and react defensive, I see some of this here. But as the others have responded, so can HO become very offensive because they feel they are being ignored and react defensively to being told they should be part of the solution. They tend to conclude; if the Board would do what is right I could spend some time being involved.
So, best to not less this problem boil over, for the good of the HOA, and back off a little and take a smaller step. Believe me, your requests may have all the validity in the world, but don't make the additional problem be; they don't like me. You sound smart, do the smart thing to get what you want. IMHO
PaulM (Pennsylvania)
Posts: 1,347
Posted:
JeanF1: You state you have years of Prop. Mgr. experience, and yet, knowing as a Mgr. many reasons for the Board to fire a landscaper, Prop. Mgr., and change the budget, you don't state you have investigated correctly the reasons for these changes.

As an HOA homeowner, with previous Mgr. experience, you also know you must make requests of the Board according to the process the documents/rules & regs state--whether its communication, financial reports, etc. Yes, they do have to show where the money is going, and you need to direct your request for the info in the correct manner. Of course, you can always run for the Board to gain 'inside information'.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Paul,
I hope you are being "tongue in cheek" with your advice to join the board and get the inside info. I find is distrubing that the board will at tims take that position. Very little should be "inside information". 99% should be "sunshine information". Certainly this poster's desire to see the books is legitimate, but dollars to doughnuts, if she ever gets to see the books they will be what they want to show her. IMHO the Treasuer has the authority to grant this request, but you and I both know that the Board is likely to discuss what she can see ad naseum in the time proven ploy to CYA.
SusanJ3 (South Carolina)
Posts: 61
Posted:
Well, first, he said he wasn't going to give a detailed reports to homeowner. That was the first part of the email I posted. And I wasn't able to be at the meeting as I was in a car accident and couldn't attend. I asked that one be mailed to me. I've been to two meetings and the information wasn't printed for me to receive.

He's beginning to back off of it now.
SusanJ3 (South Carolina)
Posts: 61
Posted:
I'm sorry. I forgot to mention something. This is VERBAL. You'll notice that he said detailed reports were unnecessary. Yes, this very unfriendly person will meet with me before or after a meeting, but he isn't about to write anything down for you or print something up on the computer. The previous management company always had hand outs for people to take with them. we also have a huge investor/owner population who can't get the info either, as they do not attend meetings as they are out of towners.
DaneC (California)
Posts: 210
Posted:
Jean, since you have a significant financial interest at stake, and have industry experience, although you did not specifically mention in what State, but did mention that you are in CA, I would suggest that you familiarize yourself with the relative code sections, so that you can QUOTE to the Board and/or MC, exactly what you want, and what entitles you to it. I am attaching an annotated link to the DavisStirling act, good luck.
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