MD (California)
Posts: 27
Posts: 27
Posted:
I've been trying to obtain association records since May. My issues with the association are no recordkeeping, inequitable enforcement of rules/regulations/CC&Rs, community safety, how money is spent and incompetent property management company. The board of directors treats the HOA as their personal club. I have physically been to the property management company three times to inspect documents. I've made email, snail mail and verbal requests for documents, all of which are well documented. The property management company is deliberately obtuse, providing one document but not the complete document request. For example, I asked for property management company invoices to our HOA. What did I get? I got utility bills. Strangely, when I showed up to inspect documents, I received the corporate minutes book, complete with executive session minutes. Strange, too, the minutes for 2005 were missing.
In tandem with trying to obtain documents, I requested internal dispute resolution (IDR). The association refused to honor the approved procedure; in fact, the association attorney sent me a letter clearly meant to intimidate me. I requested alternate dispute resolution (ADR) in accordance with the approved procedure. The association said my request was not valid. The IDR and ADR procedures are consistent with state statute.
To give you an idea of some of the problems:
There are no architectural or landscape standards yet homeowners are fined for violations.
A board member walks the community writing up homeowners and the property management company sends violation letters. There is no record of board authority for the board member to be the sole arbiter of violations.
Homeowners are told to change yards planted with drought-resistant plants. This is illegal in California.
There are many, many illegal actions without meeting.
The property manager plays "favorites." I have an email sent to a homeowner where the property manager says complaints are "neighbors just trying to cause trouble."
The property manager wrote an email to a board member about withholding documents, saying time could be bought because of the corporations code.
I am certain the property management company is overbilling the association based on general ledger entries.
The association refused to fix a fence by an emergency access gate. Two children have been injured to date.
The association selectively enforces safety rules in the community.
I hired an attorney. My attorney went back and forth with the association attorney who threatened me with a harassment suit and then wrote the documents would be produced. Of course, the management company did not produce the documents. As if this was not enough, I received an email from a board member, daring me to sue.
I filed suit because the association STILL has not produced the documents and the other issues remain addressed. The property management company has violated just about every term of their contract. I pointed this out as well as the appropriate governing document and state law citations in all of my correspondence with the association. Obviously, my attorney has done the same in his correspondence.
I've seen many posts about "suing the HOA is the same as suing yourself." I understand that point of view; however, in this case my rights are being violated and a "slippery slope" has been created by the egregious, repeated governing document and law violations. To me, this is unacceptable liability exposure. For every governing document and law violation, I have written supporting documentation from documents I've been able to obtain from homeowners and the association. i have photos to support complaints I've made regarding safety issues and copies of paperwork the association documents say is required although that is also arbitrary.
I campaigned for a new board and was successful. The new board refuses to act on the property management company's contract violations and refuses to direct the property management company to produce the outstanding documents. The main causal factor in this matter is the property management company.
I've served on many boards of directors. I've written association newsletters and published articles. I understand the law, the governing documents and my rights very well.
Since the HOA has yet to produce the documents or follow up on my complaints, what else could I do (or have done) to enforce my rights?
No one should have to experience this. I wish California had stronger enforcement provisions for property management companies. Thank you for your consideration.
In tandem with trying to obtain documents, I requested internal dispute resolution (IDR). The association refused to honor the approved procedure; in fact, the association attorney sent me a letter clearly meant to intimidate me. I requested alternate dispute resolution (ADR) in accordance with the approved procedure. The association said my request was not valid. The IDR and ADR procedures are consistent with state statute.
To give you an idea of some of the problems:
There are no architectural or landscape standards yet homeowners are fined for violations.
A board member walks the community writing up homeowners and the property management company sends violation letters. There is no record of board authority for the board member to be the sole arbiter of violations.
Homeowners are told to change yards planted with drought-resistant plants. This is illegal in California.
There are many, many illegal actions without meeting.
The property manager plays "favorites." I have an email sent to a homeowner where the property manager says complaints are "neighbors just trying to cause trouble."
The property manager wrote an email to a board member about withholding documents, saying time could be bought because of the corporations code.
I am certain the property management company is overbilling the association based on general ledger entries.
The association refused to fix a fence by an emergency access gate. Two children have been injured to date.
The association selectively enforces safety rules in the community.
I hired an attorney. My attorney went back and forth with the association attorney who threatened me with a harassment suit and then wrote the documents would be produced. Of course, the management company did not produce the documents. As if this was not enough, I received an email from a board member, daring me to sue.
I filed suit because the association STILL has not produced the documents and the other issues remain addressed. The property management company has violated just about every term of their contract. I pointed this out as well as the appropriate governing document and state law citations in all of my correspondence with the association. Obviously, my attorney has done the same in his correspondence.
I've seen many posts about "suing the HOA is the same as suing yourself." I understand that point of view; however, in this case my rights are being violated and a "slippery slope" has been created by the egregious, repeated governing document and law violations. To me, this is unacceptable liability exposure. For every governing document and law violation, I have written supporting documentation from documents I've been able to obtain from homeowners and the association. i have photos to support complaints I've made regarding safety issues and copies of paperwork the association documents say is required although that is also arbitrary.
I campaigned for a new board and was successful. The new board refuses to act on the property management company's contract violations and refuses to direct the property management company to produce the outstanding documents. The main causal factor in this matter is the property management company.
I've served on many boards of directors. I've written association newsletters and published articles. I understand the law, the governing documents and my rights very well.
Since the HOA has yet to produce the documents or follow up on my complaints, what else could I do (or have done) to enforce my rights?
No one should have to experience this. I wish California had stronger enforcement provisions for property management companies. Thank you for your consideration.
I have homeowner support. I've obtained copies of correspondence from them proving my allegations. I just started writing letters to my legislators. I have press releases ready to go out. I filed ethics complaints with CACM regarding the property manager's conduct. I'm the delegate for the master association and I've spoken to the other delegates. I'm not alone. I hadn't thought about a Better Bureau complaint; that's a good idea. Thank you. I also thought about filing a complaint with the master association since everyone in my city belongs to the master association.