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RuthM4 (Florida)
Posts: 10
Posted:
I live in an upscale community of 400 houses in Florida. Some houses back up to water retention ponds and other houses back up to the HOA-landscaped perimeter of the community. I live on a perimeter lot. I purchased my home in 2004 because the HOA land behind my house was deep and beautifully landscaped and mulched, so it made my very private yard look enormous (rare here where most lots are very small). Over the years, the HOA landscaping around the perimeter of the community (about 100 homes) has fallen into complete decay. Lawns are dead or filled with weeds, ficus "hedges" are trimmed every 6 years (only after I call Code Compliance on the HOA!), trees are trimmed maybe once every 8 years, vines smother trees and other plants, and plants die and are never replaced. Beautiful landscaping beds are left to revert to weed-infested wastelands. You get the picture. I cannot get the property manager to walk behind houses to see what I and 99 other houses have to look at in their backyards. Neighbors with whom I have spoken are appalled at the condition of the HOA landscaping behind their houses but are apathetic (shocking, since it really is an eyesore!). I cannot get the HOA to have the landscaping company properly maintain the HOA landscaping! The Board is on written public record as telling county Code Compliance that they will not mulch or maintain the HOA landscaping behind houses on the perimeter to the same standard as the rest of the community as this land "cannot be seen from the street." Clearly, by neglecting HOA land around the perimeter, this is how the HOA saves money.

I recently asked for and received a copy of the landscaping maintenance agreement (in effect since 2013) and I was surprised to learn that the landscaping company is supposed to be fertilizing all lawn, plants, trees and palm trees on all residential lots as well as all HOA land. This has NEVER been done on my property or on the HOA land visible from my house, and every neighbor with whom I have spoken has had the same experience. The CC&Rs actually prohibit owners from fertilizing their own lawns. That explains why most lawns are dead/dying/full of weeds. They are also supposed to be trimming ficus hedges quarterly (not every 6 years by order of Code Compliance), trimmming shrubs once a month (they do it quarterly), etc. I wrote a very detailed letter to the property manager bringing this to her attention and days later received a very nasty reply from the Bully of the Board (the Treasurer who used to be the President), essentially calling me a liar, telling me that the landscape maintenance company has indeed been doing all of the things on the contract as often as stated and telling me that he has instructed the property manager not to spend any more time on this matter. Case closed. This is a pattern. The homeowner is always wrong. The landscapers are doing a great job! The property manager is doing a great job (even though she has never actually visited perhaps 1/3 the area of the community and refuses to visit to inspect areas of complaints).

Clearly, something is rotten in the state of Denmark and I think I am on to the HOA Board's game. I have just requested, via Certified Mail, documents relating to official signed contracts, bids and payments for landscape maintenance-related items for a number of years. Once I hear back from the HOA I will inspect these items, but I am afraid of what I will discover.

We have never managed to have a quorum to elect a Board since turnover in 2007! Year after year, it is the same Board members who rule through personal insults, intimidation and threats (I was threatened with a lawsuit if I ever spoke negatively about the community to my neighbors). People are only concerned with their house, not the community at large. There is no way to broadcast messages to the entire community. Attendance at board meetings is minimal. The Board is concerned with keeping HOA costs down, but many houses are being punished by being forced to look at decrepit HOA landscaping in their backyards, while other parts of the community enjoy fresh seasonal flower plantings, mulch, beautifully trimmed trees, etc.

Where do I go from here? What would you do?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
FYI our HOA was only responsible for lawn are. Our Lawncare people did not fertilize or weed control. That was another company exclusive to do that.

Maybe that is what is wrong. The Lawncare does not do that type of service. So no one realized they had to pick up another contractor to do that

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
1) You are not going to get bids. You should get awarded contracts.

2) Sounds like a potential money issue. Are your assessments high enough to cover everything you desire? Are they high enough to fully fund the reserves?

3) Could also be an oversight issue. Rather then complain about it, consider volunteering to be the maintenance officer or chair a landscape committee to oversee the landscape contract and be sure you are getting your money's worth.

4) Keep in mind that there are shortages in the work force. It's possible that this may have an impact on the contractor being able to fulfill the contract.

Most likely, it's a combination of all of the above.
RuthM4 (Florida)
Posts: 10
Posted:
TimB4, Thanks for your input.

1. I asked to see the current and past awarded signed and dated landscaping maintenance contract as well as competitive bids over a number of years. Clearly, the Board is fully aware and accepts that the landscaping maintenance contractor does not provide all of the services as detailed in the contract (hence, the sorry state of the landscaping and the Board member essentially calling me a liar for stating the obvious). What I suspect is happening is that competitors are bidding each year for the full scope of landscaping maintenance services (because they actually intend to provide them), but the current landscaping maintenance company (who has had the same contract since 2011) has an understanding with the Board that it does not actually have to provide all of the services in the contract (one example being fertilizing the entire community or trimming shrubs 4 times per year instead of 12, as stated in the agreement), so their bid comes in much lower vs. the competitors and they win the contract year after year. I also suspect that there are significant upcharges for "work orders," which are actually just owners complaining that the landscaping company neglected to do basic maintenance like lawn edging or hedge trimming when they were supposed to. Once I see the official signed documents (The property manager said she did not have any signed or dated contracts with the landscape maintenance company in her files, just a schedule of work in an agreement, so I went the formal route of asking for official signed documents in accordance with Florida statute), it will be clear whether I am on the mark with my suspicions or totally off base.

2. As I stated above, there is no doubt that the landscaping around the perimeter is poorly maintained as a cost saving move. The Board has gone on record with Code Compliance as saying as much.

3. We have never had a landscaping committee that was populated by anyone other than a Board member. It is a closed society and the head of landscaping is the Treasurer, who is the hostile board member who shut me down for pointing out to the HOA that the landscape maintenance company has not been doing the work that they are contractually obligated to do for many years.

4. The failure to maintain the landscaping properly goes back to 2011, when the current landscaping maintenance contractor was hired. After many failed attempts to get the HOA to maintain its landscaping per the covenants, I called Code Compliance on the HOA in 2012, 2014 and 2020 in order to pressure the HOA to clean up its landscaping on the perimeter, so that substantiates my claim that this is a long-standing problem. Covid as an excuse 10 years later doesn't fly in this case.
PatJ1 (North Carolina)
Posts: 568
Posted:
While your concerns and understanding of your documents are acknowledged, going back to previous years bids, and previous vendors only clouds what needs to be accomplished moving forward unless you are preparing for legal action against the HOA.

You may find that offering assistance as TimB4 commented is perhaps energy better spent.

COVID has wreaked havoc for the past 2 years in every industry. The labor force has shifted, products are stalled by transport issues, raw material availability, and manufacturing challenges. Prices have skyrocketed in every area of commerce for both labor and materials.

Work up a plan within the economy’s current limitations to get things back on track. Don’t focus on the past, learn from it.
It may be an HOA budgeting issue, it may also be a lax board. Dues increases and newly elected, appointed board members can contribute to a solution. Don't expect corrections overnight.

There are ways to achieve a quorum to hold an election. Research what members can do to change things. That will be a lot of work. You may find that you have no HOA member support. At that time, you have a choice to either live with it, or move.

Break it down to a result and make a plan. Learn from the past, but don’t make it your focus. HOA's historically move at a snails pace. Choose 1 or 2 immediate concerns and determine how to make improvements moving forward with that result in mind.
SheliaH (Indiana)
Posts: 6,964
Posted:
As Tim said, you won’t see the bids, only the awarded contracts – it doesn’t matter what the other companies bid because they didn’t get the contract, so focus on who did. That said, Tim’s also correct that you may have a money issue – how big is your community? It may be the current contract can no longer handle the entire contract and the board has decided to get whatever they think is essential (apparently, they aren’t doing a good job with that either). In fact, the board said as much if they say the landscaping around the perimeter isn’t being done to save money.

By the way, COVID could very well be a factor in the quality of the landscaping. As you know, COVID bought a lot of nasty things about this country to the forefront, things people have ignored for years because it “wasn’t their problem.” Landscaping means you need workers, and if you’re only paying $7.25 or even $10 an hour to work in the rain or hot sun, you won’t find a lot of people willing to do that. At least not anymore – hence the “great quit” or “great resignation” that’s getting so much publicity. If people want the work done, they have to be willing to pay for it – and in some cases, sending up the hourly pay still isn’t enough – that’s why you see so many restaurants and such with “now hiring” signs everywhere.

If the current board has been running things for 11 years, the only way it gets resolved is by the homeowners either voting them out or doing a recall and getting rid of them sooner. However, if they’re only interested in keeping costs down, the lack of participation by nearly everyone else means they’re ok with it. The lack of quorum in board elections is an indicator of that, along with few people attending board meetings.
Changing this will take time because you’ll have to rally together your neighbors and have a slate ready to step up and take over if successful. As I always say to people in this situation, YOU may need to be one of them. If there’s no election in the near future, check your documents to see how special meetings are done (e.g. does a petition of X percentage of homeowner signatures have to be presented in order for the meeting to be scheduled?)

Some people don’t go past thinking assessments are “too high” – you have to look at the why and consider whether paying a little more is worth it, considering all the money you spent buying your house in the first place. If they want a certain level of services, they have to be willing to pay for it, and sadly, some people are only interested in paying what they paid 10 years ago, despite the fact that everything else has gone up (inflation, you know). That’s another major mindset you’ll have to address as you talk to your neighbors.

Back to your community. You’ll also need to check your documents to see exactly what the association is supposed to be providing regarding landscaping services. You can compare that to what’s in the current contract, so you can state whether it’s being done or being done poorly. By “poorly,” be sure you’re using objective information. It’s one thing to say X looks “ugly,” but “ugly” to you may be different to someone else. It’s better to say something like “the lawns are supposed to be fertilized once a year, but 200 of the 400 lots in this community have dead or dying lawns” (time and date stamped photos are great for documenting this.)

The only way out of this is to put in the work, so buckle up – you’re in for a helluva ride. Get as many like-minded neighbors as you can to help you because this will be hard to do by yourself. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
I disagree about bids. Florida is pretty generous with HOA records, including bids. From Florida Statute 720:

Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
...
The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request.


Further down, the statute states what records are excludable from the above. Bids are not mentioned.

See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

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