The case of the unclaimed cupola

Last year, some of us residents noticed that one group of four attached units suddenly had a brand-new fancy cupola and weathervane. The cupola is located on the roof of a garage building shared by two middle units. A number of us neighbors felt that the two owners would never spend money on something like this, so we were suspicious as to how the cupola got there since an end unit in the grouping is owned by the board president. None of the community's money is to be used to enhance private residences. But lo and behold, our annual financial statement is published and it's clear that our association paid $3,000 for a cupola. We have no common buildings in our community with cupolas. One of the residents asked the board president flat-out whether the association had paid for this cupola near his unit, but he feigned total surprise and ignorance and said he would get back to her. Well, he hasn't gotten back to her. What would you do? In one sense, this seems like a misappropriation of community funds that deserves a complaint to our attorney general (we have barely any regulation of HOAs in my state). Any thoughts would be appreciated. Thanks!

If I were 15 years younger, I might start a web site, featuring a beautiful photo of the cupola; noting no one else's building got one; and stating I was running for the board starting now. I'd attend meetings and, if there is an open forum section, speak calmly but firmly about the self-dealing that was going on.

I agree with CathyA3 that this is not New York state attorney general material. It's a common misconception to think state attorney generals have much, if any, power over HOAs/COAs. Most HOA/COA disputes are based in the law of contracts, as in: Did the Board comply with the covenants (which in totality, are a contract) when it approved the cupola? If not, then the recourse of the membership is to either throw out the bums at the next HOA/COA annual election, or go to court. Every competent HOA/COA attorney I know will say it's easier to replace the bums at the regular annual election.

A belated thanks for all the helpful advice. It would be helpful in a normal community.

We are in something of an unusual situation where I live. With less than 60 homes, any mention of board service will cause most homeowners to run in the opposite direction because it has become such an unpleasant job. As a result, there is little interest in removing the current inept, opaque and self-dealing board and there is little outrage if examples of incompetence, dishonesty or outright lying are brought to the community's attention. In fact, we have had people on the board in recent years who have tried in vain to expose corruption and set things right, but other groups (including former board members) have gotten together to see that the honest ones are removed and the status quo remains. We don't understand why some of our neighbors would be motivated to maintain a corrupt and inefficient operation, but we can guess.

It is a "hear-no-evil, see-no-evil" situation. Oh, we did have some pushback from homeowners last year when the current board tried to impose extraordinarily excessive dues and an outrageously high annual assessment without explanations of how the money would be spent or why it was even needed, but then most homeowners went back into hiding. We have a "management" company (in quotes because they don't do much) that works for the contractors and vice versa, and a board that works for itself. If the board doesn't like you or you disagree with something they've done, and you tell them, they will delay or withhold services. We think that's why most folks stay in hiding. Tens of thousands of dollars have been squandered on unnecessary or undisclosed "projects." Rules and bylaws are routinely broken, usually without consequence if the board likes you. All on the board have broken the rules at one time or another without consequences.

There is a small minority of us, maybe 10-15% of homes, that knows full well the complete extent of the problems, but we have thrown up our hands. We pretty much sit tight until it's time to move, hoping there will be no catastrophes and that our property values will not be damaged by what goes on in our community. The only advice that seems to be applicable is to move. Outsiders mean well when they tell us to run for the board or do this or that, but they don't realize that the normal remedies don't apply. It's a real mess. Sorry to vent, and thanks for listening.

There hasn't been an election in years because the owners have let it happen and haven't taken action to correct the issue.

I agree. Get active to make change or accept it or move.