Liens for not paying money up front

CindyH6 (Florida)
Posts: 71

Posted:

The incompetent property management company needed a vote to have an assessment for a new roof.

The owners all believed it was for a loan to pay for our own buildings townhouse roof.

So the assessment passed by one vote. Now we find out the shady property management company is trying to collect $7000 from each owner and it will be put in an account.... once they get enough money...they will slowly replace the roof on the buildings one by one.

In other words, you can pay in full for the roof on your own building and it goes to pay for someone else’s roof.

And they are threatening liens.

I can tell you, no fool would agree to those terms .

Especially when there is a much better way and is win win for every owner. I arranged a top rated roof company that has a credit union do individual loans. No one pays a dime until there roof is complete and then it’s a conventional loan. ( no assessment)

The good news is the dreadful property management company has terminated the contract to end on April 6.

Do they really have time to put liens on the 18 owners?

Can the unnecessary deceptive assessment be thrown out??

We only have 1 board person.

Thanks

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Why did the owners allow the board to get down to one member and what are they doing about it? Why did they allow the 'incompetent property management' decide how and when the collected funds will be used? It sounds like to me you have a much bigger problem and it isn't the property manager.

CathyA3 (Ohio)
Posts: 6,299

Posted:

You may want to talk to a lawyer, which I'm not, since your association is in dire straits and they're talking liens.

My take on it is that a vote can be rescinded if proper procedures were not followed. Failing to understand what you were voting for doesn't count. If you do manage to rescind the vote, how are you in a better position?

You're having a special assessment to make up for years of not contributing to your reserves. Paying up front is part of the deal unless they can come up with a payment plan that still allows work to be done on schedule. But it sounds like your association does not have enough money to allow this.

It also sounds like your roof isn't the worst of the bunch since they're starting with a different building. This is reasonable and very common since it helps minimize expenses overall.

Being in an HOA or condo association means contributing to things that don't appear to benefit you directly at the time. When you do benefit, it's because all of your neighbors are also contributing to things that benefit someone else.

BenA2 (Texas)
Posts: 1,273

Posted:

Obviously, there is some miscommunication somewhere. Was there a ballot or something in writing that said what you voted on? If so, there should be no confusion. If the ballot or information was clearly deceptive then it would probably invalidate the vote but that is a question for an attorney.

If the HOA properly voted on the assessment, then yes, I would expect liens to be placed on properties. It's a fairly routine process.

It's seems very odd to me that you and others don't know with certainty who is responsible for replacing the roof.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy

There was a vote and however stated it passed. Can I assume you were never asked to solicit roofing bids?

CindyH6 (Florida)
Posts: 71

Posted:

Basically the incompetent property management company really screwed things up .

The vote on the assessment was presented as voting for a roof contractor. And everyone would get a new roof @same time and a loan would be taken out.

So most of us were okay with that scenario. Still the assessment only passed by 1 vote.

So now the property management is saying sorry , no money & no loan ... so pay the full cost of a roof and no guarantee of if or when you will get your roof replaced.

Because they must hire a contractor to decide which building gets a roof out first . (All 3 buildings are about the same poor condition)

The good news we are done with the property management company on April 6 , so hopefully they don’t have time or funds to demand 18 people pay $7000 and then file liens on our property.

The felon board member and girlfriend resigned right after the special meeting, so now only 1 board member.

No property management company will take our defunct Sorry broke HOA 🤣.

Fortunately the owners in my building like my plan and the bid I got from a solid roof company and safe financing, no payments until the roof is done and passing inspection.

We can take care of our building and if the others are happy with the result, they can use the same contractor and affordable financing . If they choose ... no need for assessment or risk and everyone gets treated fairly

CindyH6 (Florida)
Posts: 71

Posted:

No lawyers within a few hundred miles that represent owners in an HOA. I was told they only do the opposite and foreclosure on homes for not paying dues etc... no money in HOA disputes

The ballot was confusing,

The HOA is responsible but they are broke,

We just want to replace our failed roofs, so we don’t lose the investment.

Clearly no person with half a brain would agree to such unethical terms

JohnT38 (South Carolina)
Posts: 1,631

Posted:

There is clearly a lack of understanding here on what a property manager can and can't do and who they work for. There are much bigger problems here.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By BenA2 on 03/15/2021 11:07 AM
Obviously, there is some miscommunication somewhere. Was there a ballot or something in writing that said what you voted on? If so, there should be no confusion. If the ballot or information was clearly deceptive then it would probably invalidate the vote but that is a question for an attorney.

If the HOA properly voted on the assessment, then yes, I would expect liens to be placed on properties. It's a fairly routine process.

It's seems very odd to me that you and others don't know with certainty who is responsible for replacing the roof.

Oh we contributed plenty , the property management company gritted and fed from the trough.

Follow the cash ,most went to them and the low quality lawn service and they didn’t save money for a a future roof

No amenities no common areas , no street lights , walking trails, nothing

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By CindyH6 on 03/15/2021 1:49 PM

Posted By BenA2 on 03/15/2021 11:07 AM
Obviously, there is some miscommunication somewhere. Was there a ballot or something in writing that said what you voted on? If so, there should be no confusion. If the ballot or information was clearly deceptive then it would probably invalidate the vote but that is a question for an attorney.

If the HOA properly voted on the assessment, then yes, I would expect liens to be placed on properties. It's a fairly routine process.

It's seems very odd to me that you and others don't know with certainty who is responsible for replacing the roof.

Oh we contributed plenty , the property management company gritted and fed from the trough.

Follow the cash ,most went to them and the low quality lawn service and they didn’t save money for a a future roof

No amenities no common areas , no street lights , walking trails, nothing

Who allowed this to happen? If I remember correctly it has been going on for 15 years! You and your neighbors need to own the problem and deal with it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why is the Property Manager involved in this at all? That isn't their relationship with the HOA. The HOA would have been responsible for gathering the roofing bids and finding how to fund it. Not sure how a Property company would qualify the loan under the HOA's name.

Is your HOA under receivership or developer? Does anyone know how much a roof replacement would cost? Cold any of this qualify under the HOA's insurance? What is the deductible for the HOA insurance?

If your HOA did indeed approve a special assessment, then yes liens could be pursued for non-payment once a deadline is met. It would count as if not paying dues.

Think there is some details missing in this whole thing. Know saw another poster mention their rules require them to replace ALL the roofs at once rather than one at a time. Is this in your rules as well?

Former HOA President

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By MelissaP1 on 03/15/2021 2:19 PM
Why is the Property Manager involved in this at all? That isn't their relationship with the HOA. The HOA would have been responsible for gathering the roofing bids and finding how to fund it. Not sure how a Property company would qualify the loan under the HOA's name.

Is your HOA under receivership or developer? Does anyone know how much a roof replacement would cost? Cold any of this qualify under the HOA's insurance? What is the deductible for the HOA insurance?

If your HOA did indeed approve a special assessment, then yes liens could be pursued for non-payment once a deadline is met. It would count as if not paying dues.

Think there is some details missing in this whole thing. Know saw another poster mention their rules require them to replace ALL the roofs at once rather than one at a time. Is this in your rules as well?

I am not sure you really understand what property manager and their companies really do. I just recently got an HOA approved for a $850K loan. I had to prepare all the financials, reserve studies and speak with legal to get it done. Once it was approved, I had to prepare the ballots for the special assessment and I held the Zoom Town Hall meetings to discuss in detail the project.

If the association had to wait for the Board to take action, well, god help them. BTW, all the actions I took were authorized by the Board in duly noticed open meetings.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy

First, the PM is hired and fired by the BOD. The BOD is in charge, not the PM. In many cases the PM plays the heavy for the BOD when it is the BOD's doing. PM Jones and Co. or PM Smith and Co. does not matter as far as changing the Special Assessment. It was voted on and will happen unless an association vote to modify/repeal it.

As long as you continue to believe the PM is in charge and blaming them, you are simply proving you do not know who runs your association.

For the longest time you complained there was no money for roofing, now that there is a plan in place you complain you do not like it. Personally I believe unless they do it your way (which I doubt they will), you will never be happy.

KerryL1 (California)
Posts: 14,550

Posted:

Again, Melissa is just plain wrong. And when she was president long ago, her HOA did not have a property manager.

In our HOA and in many, depending on the contract with the management company, the PM certainly does collect bids. The contract is based on the size and complexity of the HOA.

Based on the Board's vote of approval at a board meeting as directions to the PM, our PM and many other solicit bids. With 25-story twin towers, no one here would serve as a director if they had to solicit bids for all of the numerous required contracts we have, PLUS those for special projects.

KerryL1 (California)
Posts: 14,550

Posted:

Again, Melissa is just plain wrong. And when she was president long ago, her HOA did not have a property manager.

In our HOA and in many, depending on the contract with the management company, the PM certainly does collect bids. The contract is based on the size and complexity of the HOA.

Based on the Board's vote of approval at a board meeting as directions to the PM, our PM and many other solicit bids. With 25-story twin towers, no one here would serve as a director if they had to solicit bids for all of the numerous required contracts we have, PLUS those for special projects.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By JohnT38 on 03/15/2021 1:52 PM

Posted By CindyH6 on 03/15/2021 1:49 PM

Posted By BenA2 on 03/15/2021 11:07 AM
Obviously, there is some miscommunication somewhere. Was there a ballot or something in writing that said what you voted on? If so, there should be no confusion. If the ballot or information was clearly deceptive then it would probably invalidate the vote but that is a question for an attorney.

If the HOA properly voted on the assessment, then yes, I would expect liens to be placed on properties. It's a fairly routine process.

It's seems very odd to me that you and others don't know with certainty who is responsible for replacing the roof.

Oh we contributed plenty , the property management company gritted and fed from the trough.

Follow the cash ,most went to them and the low quality lawn service and they didn’t save money for a a future roof

No amenities no common areas , no street lights , walking trails, nothing

Who allowed this to happen? If I remember correctly it has been going on for 15 years! You and your neighbors need to own the problem and deal with it.

The Same BOD they had until 2019 , all communication had been handled by the PM including collecting our dues. the PM paid their own crummy mowing service . I moved here in 2018, of course they lied about being in process of replacing the roof.

We only found out the board had disintegrated November 2020.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By KerryL1 on 03/15/2021 4:44 PM
Again, Melissa is just plain wrong. And when she was president long ago, her HOA did not have a property manager.

In our HOA and in many, depending on the contract with the management company, the PM certainly does collect bids. The contract is based on the size and complexity of the HOA.

Based on the Board's vote of approval at a board meeting as directions to the PM, our PM and many other solicit bids. With 25-story twin towers, no one here would serve as a director if they had to solicit bids for all of the numerous required contracts we have, PLUS those for special projects.

Hi John,

The PM handles all the things it’s in our documents, to communicate with them and pay them directly, etc...They sent out the ballots for the assessment but it was explained it was for a loan via assessment . Which was supposed to help people that could not obtain a loan on their own.

But the terms were changed after the vote to paying the property management company directly with zero guarantee we would ever get a new roof.

They never obtained a 2/3 vote only a 7 to 6 win vote

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By BenA2 on 03/15/2021 11:07 AM
Obviously, there is some miscommunication somewhere. Was there a ballot or something in writing that said what you voted on? If so, there should be no confusion. If the ballot or information was clearly deceptive then it would probably invalidate the vote but that is a question for an attorney.

If the HOA properly voted on the assessment, then yes, I would expect liens to be placed on properties. It's a fairly routine process.

It's seems very odd to me that you and others don't know with certainty who is responsible for replacing the roof.

Yes we definitely know the HOA is responsible for the roof but they are broke . So that was the reason for voting on a loan for the assessment.

The PM explained it was going to be a loan for the assessment.

We are way better off having each building use my Bid with a quality roof contractor that is a preferred contractor with a credit union,simply because the roof is guaranteed to be installed on our 6 plex with each owner having their own loan and no money to be paid until AFTER the roof is complete.

Paying a shady Property management company up front for a roof that we are may never get is foolish.

MaxB4
Posts: 3,513

Posted:

Do you really know how a HOA works?

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By CindyH6 on 03/15/2021 9:59 AM
The incompetent property management company needed a vote to have an assessment for a new roof.

The owners all believed it was for a loan to pay for our own buildings townhouse roof.

So the assessment passed by one vote. Now we find out the shady property management company is trying to collect $7000 from each owner and it will be put in an account.... once they get enough money...they will slowly replace the roof on the buildings one by one.

In other words, you can pay in full for the roof on your own building and it goes to pay for someone else’s roof.

And they are threatening liens.

I can tell you, no fool would agree to those terms .

Especially when there is a much better way and is win win for every owner. I arranged a top rated roof company that has a credit union do individual loans. No one pays a dime until there roof is complete and then it’s a conventional loan. ( no assessment)

The good news is the dreadful property management company has terminated the contract to end on April 6.

Do they really have time to put liens on the 18 owners?

Can the unnecessary deceptive assessment be thrown out??

We only have 1 board person.

Thanks

The Property management company isn't putting liens on the unit owners, The HOA is. The PM is acting as an agent for the Board of Directors. Only the BOD can put the Kai=bosh on the liens.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By LetA on 03/15/2021 8:37 PM

Posted By CindyH6 on 03/15/2021 9:59 AM
The incompetent property management company needed a vote to have an assessment for a new roof.

The owners all believed it was for a loan to pay for our own buildings townhouse roof.

So the assessment passed by one vote. Now we find out the shady property management company is trying to collect $7000 from each owner and it will be put in an account.... once they get enough money...they will slowly replace the roof on the buildings one by one.

In other words, you can pay in full for the roof on your own building and it goes to pay for someone else’s roof.

And they are threatening liens.

I can tell you, no fool would agree to those terms .

Especially when there is a much better way and is win win for every owner. I arranged a top rated roof company that has a credit union do individual loans. No one pays a dime until there roof is complete and then it’s a conventional loan. ( no assessment)

The good news is the dreadful property management company has terminated the contract to end on April 6.

Do they really have time to put liens on the 18 owners?

Can the unnecessary deceptive assessment be thrown out??

We only have 1 board person.

Thanks

The Property management company isn't putting liens on the unit owners, The HOA is. The PM is acting as an agent for the Board of Directors. Only the BOD can put the Kai=bosh on the liens.

The PM collects the cash and writes checks, the PM uses the PM owned mowing service and their fees ( that is where the cash goes)

The PM is the person making threats of liens and demanding money from the owners. And the only board member was threatened by the PM to pay or get a lien... apparently in our case The PM is the entity getting money , demanding money and making threats .

I have never seen anything like it in an HOA or PM company...but this is fraud friendly Florida 🤣😂😅

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By CathyA3 on 03/15/2021 10:50 AM
You may want to talk to a lawyer, which I'm not, since your association is in dire straits and they're talking liens.

My take on it is that a vote can be rescinded if proper procedures were not followed. Failing to understand what you were voting for doesn't count. If you do manage to rescind the vote, how are you in a better position?

You're having a special assessment to make up for years of not contributing to your reserves. Paying up front is part of the deal unless they can come up with a payment plan that still allows work to be done on schedule. But it sounds like your association does not have enough money to allow this.

It also sounds like your roof isn't the worst of the bunch since they're starting with a different building. This is reasonable and very common since it helps minimize expenses overall.

Being in an HOA or condo association means contributing to things that don't appear to benefit you directly at the time. When you do benefit, it's because all of your neighbors are also contributing to things that benefit someone else.

The roofs are all about the same, covered in tarps full of leaks and collapsing, infested with insects.
Your wrong ,we paid plenty the funds were mismanaged.

We have no amenities and no reason for an HOA or PM. Not every little street in America needs a HOA . In fact I have said since 2018 when I moved here, why do they have an HOA ....what do they do ?.. they pay the PM and The PM funnels the cash to their own mowing service for $25,000/ year

My other property has an HOA, we have a pool, cafe , trails ,gated entrance with guards 24/7. Same cost

Well they are about 15 years too late on saving for a roof, the roof can’t wait it has to be replaced now and we get it ,they wasted the loads of cash they collected. So the owners are okay with paying for a new roof, however, we certainly are not going to pay for a roof and never get it . That is what the PM is trying to do.

The insurance companies in Florida are already sending letters replace roof or we cancel the insurance. The property can’t be sold either because no mortgage company will give a loan unless the roof is replaced. This is Florida hurricane territory.

I was already supposed to be out of here, but I’m waiting on the roof so I can sell. So absolutely not

LetA (Nevada)
Posts: 2,679

Posted:

Since you do not have enough directors to form a quorum, you need one more member or you need your HOA to be placed in receivership Those are the cold hard facts.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By JohnC46 on 03/15/2021 2:30 PM
Cindy

First, the PM is hired and fired by the BOD. The BOD is in charge, not the PM. In many cases the PM plays the heavy for the BOD when it is the BOD's doing. PM Jones and Co. or PM Smith and Co. does not matter as far as changing the Special Assessment. It was voted on and will happen unless an association vote to modify/repeal it.

As long as you continue to believe the PM is in charge and blaming them, you are simply proving you do not know who runs your association.

For the longest time you complained there was no money for roofing, now that there is a plan in place you complain you do not like it. Personally I believe unless they do it your way (which I doubt they will), you will never be happy.

Hi John,

We were informed that the assessment for the roof would be a loan and everyone would get a roof at the same time and that is reasonable.

But when the property manager decided after the fact that the assessment would not be a loan and instead everyone must pay a large assessment at once to cover the cost of the roof. And afterwards when / if / never they collected enough cash for 1 building , They would hire a contractor to decide which lucky building would be replaced.

that’s .just stupid , clearly people could pay for a roof they never get. Which is the 100;percent likelihood.

We also checked the votes and the assessment failed , didn’t have a quorum nor the 2/3 votes minimum

Apparently the PM failed both reading for comprehension and basic math.

My plan of simply letting each building replace their roof as necessary makes sense, plus arranged financing ....with a credit union . That was no one risks paying for a roof they never get .

Thanks for all your help and insight.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By JohnC46 on 03/15/2021 2:30 PM
Cindy

First, the PM is hired and fired by the BOD. The BOD is in charge, not the PM. In many cases the PM plays the heavy for the BOD when it is the BOD's doing. PM Jones and Co. or PM Smith and Co. does not matter as far as changing the Special Assessment. It was voted on and will happen unless an association vote to modify/repeal it.

As long as you continue to believe the PM is in charge and blaming them, you are simply proving you do not know who runs your association.

For the longest time you complained there was no money for roofing, now that there is a plan in place you complain you do not like it. Personally I believe unless they do it your way (which I doubt they will), you will never be happy.

Hi John,

We were informed that the assessment for the roof would be a loan and everyone would get a roof at the same time and that is reasonable.

But when the property manager decided after the fact that the assessment would not be a loan and instead everyone must pay a large assessment at once to cover the cost of the roof. And afterwards when / if / never they collected enough cash for 1 building , They would hire a contractor to decide which lucky building would be replaced.

that’s .just stupid , clearly people could pay for a roof they never get. Which is the 100;percent likelihood.

We also checked the votes and the assessment failed , didn’t have a quorum nor the 2/3 votes minimum

Apparently the PM failed both reading for comprehension and basic math.

My plan of simply letting each building replace their roof as necessary makes sense, plus arranged financing ....with a credit union . That was no one risks paying for a roof they never get .

Thanks for all your help and insight.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By JohnT38 on 03/15/2021 10:47 AM
Why did the owners allow the board to get down to one member and what are they doing about it? Why did they allow the 'incompetent property management' decide how and when the collected funds will be used? It sounds like to me you have a much bigger problem and it isn't the property manager.

I think it was perfect storm and a strong reason tiny , lower income communities don’t require a complicated HOA with an expensive property management .

1 little street ,zero amenities and homes in the low 100k s

The Property management company was a scam to pay themselves cash for doing nothing and they got away with it ,until the property started aging and needing the roofs replaced and suddenly the owners find out there is no money.

Which is probably why they suddenly terminated our contract , once owners started to get suspicious and ask for financial records

This is a transient area , due to colleges, military and migration from other hurricane area. Severe housing shortages.

Buyers are lied to by real estate agents, I was in 2018 , everyone else in my building as well.

People just don’t stay in these communities,

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Regarding the assessment, the PM is correct to enforce the dollar amount that covers the cost of all the roofs. Since people will pay at different times, it's only feasible that one building should receive service as funds are collected. You don't want your HOA burdened under an HOA loan. Loans require management of cash flow and dues increases....and your HOA clearly defunct and incompetent. While loans can be an option, you have no HOA and now no property manager to pay the bills. A bank will NEVER loan under those circumstances.

Also, if the HOA simply assesses each homeowner, then those owners can go, on their own terms, and take out a loan to cover the assessment in the amount of $7000. This aligns with your idea.

Your community was fired by the property management company, which reflects poorly on your community. Word will spread among property managers and possibly real estate agents.

By living in a community that shares home maintenance, it's impossible to place conditions on your support of property upkeep...it's not your roof. It's everyone's roof and the absolute worst roof gets the first new roof.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By KellyM3 on 03/17/2021 7:23 PM

Regarding the assessment, the PM is correct to enforce the dollar amount that covers the cost of all the roofs. Since people will pay at different times, it's only feasible that one building should receive service as funds are collected. You don't want your HOA burdened under an HOA loan. Loans require management of cash flow and dues increases....and your HOA clearly defunct and incompetent. While loans can be an option, you have no HOA and now no property manager to pay the bills. A bank will NEVER loan under those circumstances.

Also, if the HOA simply assesses each homeowner, then those owners can go, on their own terms, and take out a loan to cover the assessment in the amount of $7000. This aligns with your idea.

Your community was fired by the property management company, which reflects poorly on your community. Word will spread among property managers and possibly real estate agents.

By living in a community that shares home maintenance, it's impossible to place conditions on your support of property upkeep...it's not your roof. It's everyone's roof and the absolute worst roof gets the first new roof.

No ....The PM is 100 percent wrong. You can’t “change the terms”. After the vote
You also have to follow the CC &Rs Regarding special assessment for a roof on the townhomes, (ALL owners must vote either by proxy,mail or at special meeting no less than 2/3 vote )

7 yay & 6 nay out of 18 owners (5 didn’t vote). Either way 7/13 is not 2/3 and neither is 7/18.
The assessment didn’t pass.

The few owners that voted for the assessment myself included thought it was a loan ,that is how it was presented. ( high interest loan) now they are furious that the PM is demanding payment in full or a lien. And no guarantee that they would ever get a roof.

It makes more sense to let each building replace their roofs and I already have terrific financing available for each owner. At least the owners would get a roof immediately.

All buildings have hurricane damaged 15 year old roofs.

We think the builder 15 years ago was buddy with PM company, there is absolutely no reason to have an HOA for 1 little street.
The PM, didn’t carry insurance, save money or maintain the property.

The owners wanted to get rid of the PM company once we started finding out what was going on. When I bought in 2018, the PM told my realtor and other subsequent buyers that the HOA was in process of replacing the roof.

I was going to sell but the hurricane has delayed my plans until the roof is replaced.

I promise you this price point home the owners will not pay up front with zero guarantee of a roof. Especially after the PM company paid themselves the majority of the $375,000 in HOA fees , including the unwanted
/ unneeded mowing service and family lawyer.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By CindyH6 on 03/17/2021 9:47 PM

Posted By KellyM3 on 03/17/2021 7:23 PM

Regarding the assessment, the PM is correct to enforce the dollar amount that covers the cost of all the roofs. Since people will pay at different times, it's only feasible that one building should receive service as funds are collected. You don't want your HOA burdened under an HOA loan. Loans require management of cash flow and dues increases....and your HOA clearly defunct and incompetent. While loans can be an option, you have no HOA and now no property manager to pay the bills. A bank will NEVER loan under those circumstances.

Also, if the HOA simply assesses each homeowner, then those owners can go, on their own terms, and take out a loan to cover the assessment in the amount of $7000. This aligns with your idea.

Your community was fired by the property management company, which reflects poorly on your community. Word will spread among property managers and possibly real estate agents.

By living in a community that shares home maintenance, it's impossible to place conditions on your support of property upkeep...it's not your roof. It's everyone's roof and the absolute worst roof gets the first new roof.

No ....The PM is 100 percent wrong. You can’t “change the terms”. After the vote
You also have to follow the CC &Rs Regarding special assessment for a roof on the townhomes, (ALL owners must vote either by proxy,mail or at special meeting no less than 2/3 vote )

7 yay & 6 nay out of 18 owners (5 didn’t vote). Either way 7/13 is not 2/3 and neither is 7/18.
The assessment didn’t pass.

The few owners that voted for the assessment myself included thought it was a loan ,that is how it was presented. ( high interest loan) now they are furious that the PM is demanding payment in full or a lien. And no guarantee that they would ever get a roof.

It makes more sense to let each building replace their roofs and I already have terrific financing available for each owner. At least the owners would get a roof immediately.

All buildings have hurricane damaged 15 year old roofs.

We think the builder 15 years ago was buddy with PM company, there is absolutely no reason to have an HOA for 1 little street.
The PM, didn’t carry insurance, save money or maintain the property.

The owners wanted to get rid of the PM company once we started finding out what was going on. When I bought in 2018, the PM told my realtor and other subsequent buyers that the HOA was in process of replacing the roof.

I was going to sell but the hurricane has delayed my plans until the roof is replaced.

I promise you this price point home the owners will not pay up front with zero guarantee of a roof. Especially after the PM company paid themselves the majority of the $375,000 in HOA fees , including the unwanted
/ unneeded mowing service and family lawyer.

The county says that the roof is our roof because the building code says a roof is divided by the property line . If we want we can replace out individual roofs. However, it’s not ideal, it’s best to replace each 6 plex as one roof.

What bills?? What shared maintenance? We have no common areas,sidewalks, nothing . It says in our CC & Rs we must maintain our own property, windows, doors , fences and yards.

We never understood why this stupid mowing service would show up for a few months in summer and drive across our front yards. Most owners had to put do not mow signs because they were so bad and tore up the yards.

Now we know because they were owned by the PM company

JohnT38 (South Carolina)
Posts: 1,631

Posted:

I know this sounds cold but you and your neighbors got exactly what you deserve. Per your own comments this has happened for years and years and years. You let the corrupt PM stay and lacked the initiative to get rid of them and instead buried your head in the sand. All of your posts center around the "big bad corrupt PM". Not once do I recall you asking about what matters. How to get rid of the PM? How do we get our shi_t together, etc?

I honestly have no idea what the point of your posts have been.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By JohnT38 on 03/18/2021 4:29 AM
I know this sounds cold but you and your neighbors got exactly what you deserve. Per your own comments this has happened for years and years and years. You let the corrupt PM stay and lacked the initiative to get rid of them and instead buried your head in the sand. All of your posts center around the "big bad corrupt PM". Not once do I recall you asking about what matters. How to get rid of the PM? How do we get our shi_t together, etc?

I honestly have no idea what the point of your posts have been.

Thank you John,

The recent owners and I were asked the same question ,,, why the need for a PM company or even a HOA at all??

The only bills are PM related bills to themselves and their own unwanted lawn service

The PM handled all matters . This is a military, college area. The recent hurricanes
Michael & Sally Have caused an even bigger housing shortage.

Again, promised by the PM company to realtors that we were getting new roofs . And things kept getting delayed between 2 hurricanes later and pandemic 😷 more delays .

Myself and a few others would try to get in contact with board members as instructed through the PM and no response
Finally, after exhaustive efforts, we find out the board didn’t have any members, because the PM never once informed us.

We did see if we could get rid of the PM company but we were tied to their contract . So happy we are done with the grifters in a few weeks.

All 6 owners in my 6 plex agree we will just handle our own roof replacement. Then our street is going to either let it go inactive or dissolve the HOA as it’s an unneeded expense and serves no good purpose.

The county said we can replace our roofs as we choose as we all own our property.

Thanks for the helpful insight

.

CathyA3 (Ohio)
Posts: 6,299

Posted:

There is an HOA if the deeds to your homes say there is one. It's not optional.

Certainly many small communities manage themselves without a PM. But this requires knowledgeable homeowners who are willing to serve on the board and do the work that the PM does as well as all of the tasks normally performed by the board. Your posts strongly suggestion that this does not describe your community - not even close.

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By CathyA3 on 03/18/2021 2:03 PM
There is an HOA if the deeds to your homes say there is one. It's not optional.

Certainly many small communities manage themselves without a PM. But this requires knowledgeable homeowners who are willing to serve on the board and do the work that the PM does as well as all of the tasks normally performed by the board. Your posts strongly suggestion that this does not describe your community - not even close.

Yes, I know and have lived myself in communities without a PM.

I think the question is why do we need an HOA or property management company at all?????

In this case we get zero benefit from either. The price point of the homes, the tiny street, no amenities.

It looks like the only purpose was to feed a shyster property management company.

The county ordinances cover the basics, no livestock, trailers, fireworks, building codes etc..

The owners cover and pay for their own yards and building maintenance and the roof as well.

Everyone would have been better off without.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cindy

If the deeds call for an HOA and you do not have one or at least someone running it, any buyer would be crazy to touch a place there with a 20 foot pole regardless of the roof condition.

You all need to clean up/organize your association, PM or not.

CathyA3 (Ohio)
Posts: 6,299

Posted:

The presence of an HOA suggests that there is jointly-owned property that must be managed. Developers generally don't create HOAs for the sheer pleasure of jumping through legal hoops.

The easiest way to answer your own question is to thoroughly read all of the paperwork you were given when you bought your home. If you don't find anything that addresses this stuff, see if your governing documents are available through your county recorder's website - if not, call the recorder's office. Most of these documents need to be recorded to be valid (one exception can be the bylaws, although they may be recorded as well).

If you still can't find answers, your best bet may be to buy a couple hours of an attorney's time and have him or her explain things. You don't appear to be getting anywhere with the info and suggestions you're receiving here - paying $1000 for a professional explanation may work better.

CindyH6 (Florida)
Posts: 71

Posted:

Hi John C,

I just looked at my Deed and nothing about an HOA.

The official CC &Rs don’t even list our address/street /subdivision, they list a different subdivision about 3-4 miles away.😅

It’s that way on each owner’s documents

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By CathyA3 on 03/19/2021 10:08 AM
The presence of an HOA suggests that there is jointly-owned property that must be managed. Developers generally don't create HOAs for the sheer pleasure of jumping through legal hoops.

The easiest way to answer your own question is to thoroughly read all of the paperwork you were given when you bought your home. If you don't find anything that addresses this stuff, see if your governing documents are available through your county recorder's website - if not, call the recorder's office. Most of these documents need to be recorded to be valid (one exception can be the bylaws, although they may be recorded as well).

If you still can't find answers, your best bet may be to buy a couple hours of an attorney's time and have him or her explain things. You don't appear to be getting anywhere with the info and suggestions you're receiving here - paying $1000 for a professional explanation may work better.

Nope , nothing shared here.

Just a little street , with some small houses and the 3 6plex . Nothing shared on them except an old roof that we need to replace at our expense.( poor design)

There are no CC & Rs that list our street/subdivision. I have a copy and they list a different community a few miles away.

BillH10 (Texas)
Posts: 1,217

Posted:

To me that is even more reason for you and the other owners to band together and share the expense of an attorney who specializes in these matters and can research and advise you.

Cathy's advice is sound, I recommend you follow it. None of us here has access to your documents and even if we did, there are other issues which must be investigated and understood.

I also recommend you stop using the descriptive terms regarding the management company and others. You have lived in the Association for three years, you were not present 'back in the day' and have no personal first hand knowledge of what was done, why, and how the situation evolved to where it is now. You seem to have reached conclusions, fair enough, but may not have all the background to support your conclusions.

Your descriptive comments are your opinion and may be perfectly valid and on point. However, many of us here prefer the Joe Friday approach: "Just the facts 'mam."

CindyH6 (Florida)
Posts: 71

Posted:

Quote:

Posted By BillH10 on 03/20/2021 6:25 PM
To me that is even more reason for you and the other owners to band together and share the expense of an attorney who specializes in these matters and can research and advise you.

Cathy's advice is sound, I recommend you follow it. None of us here has access to your documents and even if we did, there are other issues which must be investigated and understood.

I also recommend you stop using the descriptive terms regarding the management company and others. You have lived in the Association for three years, you were not present 'back in the day' and have no personal first hand knowledge of what was done, why, and how the situation evolved to where it is now. You seem to have reached conclusions, fair enough, but may not have all the background to support your conclusions.

Your descriptive comments are your opinion and may be perfectly valid and on point. However, many of us here prefer the Joe Friday approach: "Just the facts 'mam."

Thanks Bill. A few owners did visit a lawyer but it was advised to either formally dissolve or simply let the HOA go inactive, simply because it has failed and it didn’t offer anything to the owners.

The CC& Rs are sloppy. The fact is the 15 years of cash went to the PM company and their mowing service.

Each owner will maintain their own property which is what we want.

My building signed a contract with a roofing company to replace our roof and each owner has their own financing and certificate of completion

The assessment has no merit since it didn’t pass the 2/3 vote. (The PM doesn’t understand that 7/13 is NOT 2/3)

Plus it’s illegal to change the terms of an assessment AFTER the vote