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SarahK4
Posts: 13
Posted:
Our HOA was sued in June of 2020 and they have been spending homeowners annual fees out of the reserve to fight the current court case and they have not told anyone they are doing so.

So far totals for the attorneys is totaling close to $60,000 and if we look at our current HOA reserves, balances etc we are -$25,000 and each month its growing more negative. If anyone asks about it, homeowners get the runaround. Records are not kept of meetings, They put their friends on the board of directors only. Its really shady. I guess the best anyone can do in this situation is just move because nobody cares. So sad people are so numb nowadays.

AdamL1 (UnitedStates)
Posts: 559
Posted:
please share the juicy details.
SarahK4
Posts: 13
Posted:
Quote:
Posted By AdamL1 on 01/25/2022 12:27 PM
please share the juicy details.

Spent $3000 for painting a white fence in front.......found out it is Vinyl.

All the companies hired for maintenance in the community are "Friends or relatives" of board members.

Secretly switched business info from "For-Profit" to "Non-Profit" been For profit for 15 years

Secretly changed from HOA to POA

If you ask for meeting minutes they tell you, ask your neighbor or wait until next annual meeting.

Corporation articles still have people named president that havent been president for over 7 months.

the list goes on and on and on

SarahK4
Posts: 13
Posted:
Dont enforce by laws or covenants its a free for all.
SarahK4
Posts: 13
Posted:
No records of meetings since july 2019
SheliaH (Indiana)
Posts: 6,964
Posted:
Sadly, your situation happens more often than not, but I also say (a lot) that it's up to the homeowners to keep the HOA board in check. When they don't or refuse to say where the money's going and why, the homeowners who elect and re-elect them have to stand up and remind them, even if that means voting them out. If there are other homeowners who feel as you do, it's way past time to get rid of this board. They can't put their friends on the board unless people vote for them, so another problem is there are other neighbors who are happy with the way things are. The issue now is a matter of numbers - how many are "comfortably numb" to all this and may be little or no help, how many are hopping mad and willing to do the hard word to turn things around, how many are happy with all this (for some strange reason) and everyone else, who can be swayed one way or another.

This will take a lot of work and it won't happen overnight, so buckle up. If, for some reason, you don't feel you're up to it (and you can't do this alone), you may need to make a heavy decision - live with it or cut your losses and get out. You may also have to brace yourself for name-calling and people questioning your motives, smarts and everything else. Such is change - it's difficult for everyone.

First step, start attending meetings and take notes on what's discussed. COVID is still around but other associations have found ways to have open meetings (Zoom, conference call, large rooms where everyone's masked and social distanced). It's one thing to blow off one person, but more difficult to do that with a roomful of angry people. If you have a property manager, you should be able to get copies of the financial reports and board meeting minutes, so make your request in writing and keep track of what you do and when. In the meantime, talk with your like-minded neighbors and pass the hat to hire your own attorney - you may need him or her to blast the records out of the board (and if there aren't any, that will be a real problem).

If it becomes necessary to have a special meeting to recall these clowns, be sure you have a slate of homeowners ready and willing to step up and step into the role (yes, you may have to be one of them). You'll probably need to get an accountant to review the financial records to see how rachet the finances may be. You definitely need to get hold of the reserves because if you find the common areas need major repairs and you don't have the money, special assessments, loans, and/or really high assessment increases are in your future. You will not be able to avoid that (remember Surfside?)

Good luck to you. There are other conversations on this website about homeowners in the same situation and in various places in the struggle. Review a few and learn from them.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SarahK4
Posts: 13
Posted:
Thanks Sheila. Reserves? EVERYTHING IS GONE.

Here is the last page of the monthly financials.

https://i.imgur.com/Kogoe5p.png
SarahK4
Posts: 13
Posted:
SarahK4
Posts: 13
Posted:
The last meeting they set it up to have at restaurant, no masks no nothing so nobody went, still cost the community $2500
SarahK4
Posts: 13
Posted:
The current fake president is just a friend of the other board members that self nominated herself. Most homeowners dont know any of this. The last legal president is named in the lawsuit but he's still named president in the State Business Corporation records!!!!
SarahK4
Posts: 13
Posted:
Doesnt the HOA need to let Homeowners know that they are going to spend our reserves and balances on a lawsuit we know nothing about?

All our money is gone now! So the first homeowners that pay their dues this year will just be contributing to lowering the -25,000 debt and they dont even know it.

SarahK4
Posts: 13
Posted:
SarahK4
Posts: 13
Posted:
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am not seeing the shady as much as I see you not understanding how a HOA operates and who runs them. You do know that your HOA board and members are your NEIGHBORS!!! So guess what? They going to be "friends". Yep, you got that right. Your neighbors are going to be "friends" and your Property Management may be friendly! The board also may hire contractors they may know or worst yet related to! It's like living in conspiracy bubble! Seriously, why in the world would anyone work with people they hate or are not "friendly" with? The people are your board are not just "friends" with each other. They are people in your neighborhood who VOLUNTEERED to participate for FREE in running your HOA so you don't have to.

If the lawsuit isn't known about then how do you know about it? Plus lawsuits are typically not discussed openly or publicly when going through them. It makes others subject to being called into court. Do you want to be in a court room? Plus suing your HOA is suing yourself and your neighbors. The HOA board is most likely trying to protect the HOA from the lawsuit and details to try to remedy the situation. Too many noses makes big hoses...

This isn't the place to call your HOA "shady". It's the place to learn how a HOA works and what you can do about making changes.

Former HOA President
SarahK4
Posts: 13
Posted:
Quote:
Posted By MelissaP1 on 01/25/2022 3:07 PM
I am not seeing the shady as much as I see you not understanding how a HOA operates and who runs them. You do know that your HOA board and members are your NEIGHBORS!!! So guess what? They going to be "friends". Yep, you got that right. NOPE, couldnt be more wrong Your neighbors are going to be "friends" and your Property Management may be friendly!Who said anything about a property management? The board also may hire contractors they may know or worst yet related to! HAHA Wrong ever heard of Conflict of interest? It's like living in conspiracy bubble!What is this bubble you speak of? Seriously, why in the world would anyone work with people they hate or are not "friendly" with? why would anyone want to be on a board? Um plenty of reasons but Ill name a few, Control Freaks, Narcissists, Power Hungry people, People that want to be the center of attention. The people are your board are not just "friends" with each other. They are people in your neighborhood who VOLUNTEERED to participate for FREE in running your HOA so you don't have to. Yes they are running it right into the ground

If the lawsuit isn't known about then how do you know about it?because I look into people I pay that seem shady Plus lawsuits are typically not discussed openly or publicly when going through them.Wrong. So why are they fully publicly viewable? It makes others subject to being called into court. Do you want to be in a court room? Plus suing your HOA is suing yourself and your neighbors. The HOA board is most likely trying to protect the HOA from the lawsuit and details to try to remedy the situation.Maybe, but maybe not Too many noses makes big hoses...

This isn't the place to call your HOA "shady". It's the place to learn how a HOA works and what you can do about making changes.

From your response it seems ive ruffled some feathers, you come across as very irritated. Dont worry this doesnt involve you ok?

Calm Down. The First amendment is still in the constitution, People will say what they want. Have a great evening though.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Just stop peeing in your bed your laying in...

Former HOA President
MichaelS56 (Minnesota)
Posts: 858
Posted:
Melissa, you have over a long time have given some very solid answers to some very difficult situations, today, however you gave an answer that is beneath your talents.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well thank you. I am trying to point out that things are not as shady as one paints them. Do you see any shady here or business decisions a board made in session? It is not uncommon to keep pending lawsuits not for viewing or knowledge to general members. Yes they are part of it. Just a simple "we are dealing with a potential or lawsuit" should be enough. Beyond that it subjects people to chatter and rumors. Let the professionals do their job even if the lawyer is related to a board member.

It gets to a point where people scream shade when in reality it is not knowing or participating in your HOA enough to get a full picture or understanding.

What is wrong with being friends or neighbor of a board member exactly? Is it because you feel left out? Or is it because that is who lives and participating in your HOA? Friends and neighbors.

Former HOA President
MichelleC8 (California)
Posts: 80
Posted:
I also feel this super shady stuff is a little dramatic. What i do see is a board that doesn’t seem to be operating transparently and there are some issues with record keeping. Our HOA was involved in a lawsuit about 7 years ago. At that time the HOA had board members that was also a practicing atty. The end result was not good, but what I did know is that the board did try to keep abreast the details of the lawsuit, grant it we were the plantif in the situation so it’s not quite the same.

I’d start talking to your neighbors on a whole and see if you are not the only one who feels things are not transparent. There are power in numbers and if you could get support or at least people willing to ask the same questions get them involved.

Join the HOA board… they have to have their annual meeting and allow for elections.
SarahK4
Posts: 13
Posted:
Quote:
Posted By MelissaP1 on 01/25/2022 7:45 PM
Just stop peeing in your bed your laying in...

This will be my last response to you Melissa if you choose to respond knock yourself out. Ive seen your previous posts and you're a drama "Karen" I will converse with the more mature members on here....buh bye sweetheart.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yep leave now doubt honey where the problem lies... Selective hearing doesn't get your the whole story... Just gets you the one you want to hear and tell... Bye bye...

Former HOA President

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