NEED HELP PLEASE.

Hi AngelaW8, I am betting that, per the covenants, the HOA has the maintenance responsibility for the exterior of the buildings. In my experience, I think it's quite possible the siding may qualify as "general upkeep." I would not call the siding an "addition."

In preparation for a meeting with an attorney, I recommend you read the relevant covenants, and bring all the covenants with you to the meeting.

Say, Angela. Please clarify: Is the existing exterior siding? If not, is it some other material that is painted and instead of re-painting it, the HOA BOARD wants to use siding instead?

In your documents, it might say, something new & additional (often called a "capital improvement") might require an owner votes. But please give us the exact quotation.

before going off and talking about suing, slow down a bit. This isn't an addition to the common area - if the siding was already on the building, it's a replacement. An addition might be something like building a clubhouse. Look at your documents again to see what's considered common area.

Before you go to a lawyer, ask yourself the following questions. You'll need to do some research, so get comfortable:

How old are these buildings? repairs and painting may have worked in the past, but sooner or later, everything wears out and you have no choice but to replace it?

What sort of conversations has the board had about the building? Check previous board meeting minutes. If you don't have then, get copies. You might want to review the last two years to get a history because people usually don't wake up one day and decide to get an expensive loan.

Reserves have been mentioned already - do you have a reserve fund? When was the last time the board commissioned a reserve study? If it's been longer than 5 years, you need another one THIS year. Have reserve deposits kept up with the study's funding recemmendations?
Get a copy of the last reserve study and read it.

What else is the association responsible for and how has that been maintained? Have your assessments kept up with inflation? People forget about the cost of living all the time and what may have cost $10 five years ago has probably gone up in 2021. In fact, I suspect homeowners threw all sorts of hissy fits about assessments being too high and the board backed down when it should have warned people what might happen if they weren't increased.

You don't say how long you've live in this community, but it may be too much deferred maintenance has now caught up with you and a loan is the only option to fix the siding properly because you don't have enough in reserves or the operating budget combined. Now, assessments will increase and continue to do so because you still have routine expenses that must be paid, reserves to fund and now a loan payment.

Having said all that, it would have been appropriate for the board to discuss all this with the homeowners so they'd understand what the options were. No one benefits from siding that can't do the job, but perhaps a contractor could have identified the buildings that need repairs immediately and then the work could have been spread out over the years.

do your research first and then talk to the board to see if anything else was considered and if not, why not. You may still hate the idea of a loan, but you'll hate dilapidated buildings even more, and you need to address this now before future repairs and replacements make things worse.

I was on the Board before. They removed me and another Board member when we brought up the subject of an Assessment for decks because no one wanted their dues increased. That is when I had to go to the City and a lot of the decks have now been replaced. This Board is known for being secretive about what they are doing. We are getting emails saying what the Board is going to do like we the Community have no choice. We do have a choice - the buildings keep being maintained the way they have for the last approx 40 years. We have to have a vote for an Amendment, but there is no vote needed for a $1.5 million project?! We were just lucky when we had new roofs put on a couple years ago because of hail damage for free by the insurance company. We will need new roofs again before this loan is done. The decks are not all completed. We have sidewalk repairs. Parking lot repairs. I think the power has gone to this President's head. We are not a community that can afford this kind of project and I do not want to pay for the people who can't. He said this is a Federal loan and they are going to want their money.

I agree 100%. Now the members get an increase in their assessment that includes the interest on the loan and points. I understand that HOA loan interest rates tend to be quite a bit higher than a conventional mortgage interest rate.

No one but me and my sister-in-law are saying anything because most people aren't really aware of what is happening. This is being pushed through. I happen to be neighbors with the President. I told him I would like all the REAL NUMBERS given to me and I would make sure a copy got on everyone's door and I never have received an answer because they do not want the people to know the entire truth.

We have had people not pay their dues when I was a Board member and they remained in their condos for over 2 years while we put a lien on their property and the bank finally kicked them out. If they have no job, we are unable to garnish their wages. I would not mind doing this myself as I and my sister-in-law and brother have decent jobs and want the place kept up. HOWEVER, I DO NOT WANT A LIEN ON MY PROPERTY OR HAVE TO PAY FOR THE DEADBEATS IN OUR COMMUNITY WHO WILL NOT BE ABLE TO AFFORD HIGHER DUES.

When we ask the management person what will happen if people do not pay, THEY REFUSE TO ANSWER! This does not seem right!

-- The management works for the Board. Their response seems appropriate enough. Your question should be put to the board.

-- Chances are high that you are entitled to all financial records under Kansas's nonprofit corporation act. A formal demand letter-lite sent to the registered agent may be the best (and certainly most legal by far) approach to getting the financial records.

-- -- Call me an a--, but as far as I am concerned, a person's use of all caps and exclamation marks indicates emotion, and not so much facts, is behind the person's argument. I think emotion is less persuasive than just letting the facts speak for themselves. Use of all caps and exclamation marks is a red flag to me that the person maybe does not want to do the work of finding legal and practical solutions.

When I was on the Board and we were talking of increasing dues, we had a meeting and the clubhouse was so full there was no place to sit - it was standing room only. They said they didn't want it. Now the Board can sneak crap through because of the pandemic and these zoom meetings. The info should be sent out by mail and they aren't doing that. A lot of oldies in here don't have email. I said I would put the info on everyone's door and now they are refusing to speak to me.

FOR AUUSTIN

And another thing I just found out is that one of the Board members is renting out 7 of these condos and running them as a Bed and Breakfast which is against the Bylaws and she doesn't even live on the property - she lives in another state. Someone turned her in for running a B&B but they are still doing in under the table - just not in the building the homeowner lives who turned her in. I know she wants this to go through so she can buy more properties once people can't afford it.

And I am not supposed to show that I am mad?

I AM DAMN MAD!!!!

It seems to me that a loan avoids a special assessment.