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DawnL6 (South Carolina)
Posts: 226
Posted:
Hi.a few months back a newsletter was sent out stating 10 of our 19 buildings are unsafe and are in process of having the major repairs done in order of the most pressing first.should this major structural damage repair had been voted on by homeowners?
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/12/2022 6:07 AM
Hi.a few months back a newsletter was sent out stating 10 of our 19 buildings are unsafe and are in process of having the major repairs done in order of the most pressing first.should this major structural damage repair had been voted on by homeowners?
This group has at least two South Carolinans who have served on boards and posted here for some years and likely will share excellent responses to your situation. Hopefully they will chime in. For now:

-- The board has a duty per the governing documents and state statutes to maintain the common areas.

-- When a situation is unsafe, the Board should address the situation immediately.

-- An owner has to consider the liability all the owners would face if the Board did not address unsafe situations immediately. Surely you have read of how much money the families of the victims of the Surfside condo collapse (June 2021) are seeking from the corporation. Insurance is going to cover a lot but it's still not outside the realm of possibility that the directors and even all owners who are still living could personally be held liable.

-- By my reading of the South Carolina Condominium statute, the statute does not restrict a board from imposing a special assessment, regardless of the amoung of the special assessment.

-- Your COA's Bylaws and/or CCRs may require a vote for Special Assessments above a certain amount.
DawnL6 (South Carolina)
Posts: 226
Posted:
I forgot to ask as a lot of the homeowners have asked for the engineers reports on these 10 buildings and the board will not even acknowledged this question.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So you want to wait longer to fix a major construction repair till a vote? I wonder how much longer the people in Miami condo should have held out as well...

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/12/2022 6:34 AM
I forgot to ask as a lot of the homeowners have asked for the engineers reports on these 10 buildings and the board will not even acknowledged this question.
Please quote verbatim what your COA's bylaws say about owners' rights to review records.

So far I do not think South Carolina statutes give COA owners the right to see engineering reports.

Main South Carolina statutes for a COA:

SC Nonprofit Corporation Act
https://www.scstatehouse.gov/code/t33c031.php

SC Horizontal Property Act (thee SC Condo Act?)
https://www.scstatehouse.gov/code/t27c031.php
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Dawn,

As an experience HOA president, I will say that your community deserves more than a newsletter announcement if 10 of your 19 buildings are considered as needing heavy repairs. A community meeting is more appropriate. As a board president, I would not be inclined to give you a copy of any engineer's reports outside of an official community meeting as there's no assertion that such reports will be correctly interpreted or used to help the HOA fund and correct the issues.

If state law were to forbid my board from being a reserved on issuing the reports, then the reports would be supplied immediately.

Bottom line, your HOA dues payers deserve a full briefing in an open meeting.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Kelly if you read Dawn's other post you will most likely hear her reply that she is "handicapped" and can't go to a meeting. We don't know more details if the HOA has already done those steps you outlined. It sounds like they may have as there was a vote for it on January 10th per previous statement. This sounds like could have been an in-person meeting?

I agree the HOA may not have to provide this information outside of an in-person meeting.

Former HOA President
DawnL6 (South Carolina)
Posts: 226
Posted:
Let me state that I only put in that I was disabled to keep 5000 people from stating "go to meetings to find out" or " you have to attend meetings".my disability is not the highlight of my life or my associations. BB but speaking for a community that's c to nsist of mostly elderly/disabled that if we don't attend board thinks we don't deserve to know what's going on.this is not fair to the ones paying regularly HOA fees and to be treated like à piece of crap really suvks
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So this is an excuse to not attend and be involved? Our decisions are made at a HOA meetings. If your state allows you to attend, then attend. If not, don't manage the place from the stands. You elected these people to run the place on your behalf. If don't like it run yourself, vote them out, or vote for someone you want.

Former HOA President
DawnL6 (South Carolina)
Posts: 226
Posted:
The homeowners do not get a say in anything,the board appoints other board members.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I don't track every thread so I missed Dawn's earlier point and that is unfortunate that she was unable to attend any meeting. That said, if the HOA board held the meeting, then it's working transparently if not perfectly to include all affected residents.

Dawn - this forum generally examines HOA policies and governance so we can come across "cold" in inquiring on certain questions.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By DawnL6 on 03/14/2022 2:36 AM
[minor editing by Aug for readability]Let me state that I only put in that I was disabled to keep 5000 people from stating "go to meetings to find out" or " you have to attend meetings".my disability is not the highlight of my life or my associations. BB but speaking for a community that's c to nsist of mostly elderly/disabled that if we don't attend board thinks we don't deserve to know what's going on. This is not fair to the ones paying regularly HOA fees and to be treated like à piece of crap really sucks
I am sorry MelissaP1's stupidity when it comes to fair housing law forces people like the OP to have to keep repeating themselves. The misinformation and hostility MelissaP1 exhibits time and again towards anyone who may have a valid fair housing complaint should be grounds for banning her from the site, AFAIC.
DawnL6 (South Carolina)
Posts: 226
Posted:
You don't have to apologize for someone else.i just could not believe the rudeness and no respect for others as a human being .but thank you for the kind words.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Fair housing does not apply here. Plus I stand by what I said. Drama was caused by the op as well. All could have been avoided by their actions as well. I am one of the nicest people you will ever meet. I just do not cuttle people who wants to hold others emotionally hostage.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
I agree with Kelly - there should be a special homeowners meeting indicates the things and options. If there are a lot of elderly and disabled homeowners, This would be a good time to have the meeting via Zoom or another platform. A massive conference could also be an option for those who don't have internet access. If you can, I would still make an effort to attend That meeting - would a friend be available to assist you if mobility is an issue?

That said, you DO elect a board to make decisions and sometimes they have to be the adults in the room and make decisions people don't like. If people say "well , I'm on a fixed income and can't afford this," I understand the dilemma , but as Melissa nited, Surfside will always be an example of what may happen when people keep putting off necessary repairs. Houses and condos need maintenance and sooner or later, components wear out and must be replaced.

This is why reserves are important and why homeowners need to prepare their budgets accordingly. Trust me, I know how hard that can be - some incomes are more fixed than others!

I would suggest the board ask the engineer company to send someone who can make a presentation on the study, how it was put together and what it all means. People can then ask questions and that can be followed up with another homeowners meeting to discuss optiobs, including the dreaded special ass. It won't guarantee people will be happy with what they hear, but at least they'll be able to make an informed decision.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you going to vote it down?if so, why? Is it because it does not effect your building?

Look at Surfside. Half the building stayed up. Are you going to say that means they should have paid for the repairs that would have prevented the collapse?

At some point like it or not, action had to be taken. Especially if it has gotten the attention of an Engineer report

Handicapped or not, this is a safety issue. You are part of the solution. If not, then why complain it is not fair?

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Edit. On my phone. Meant to say only half the building that remained standing should have been exempt from paying for the repairs? It does not work that way. All for one and one for all.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MelissaP1 on 03/14/2022 9:22 AM
Fair housing does not apply here.
You could not even name the classes of people that fair housing statutes protect.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why is this a fair housing issue? They were not denied buying a home. HOA does not provide housing. Show me where it is a HOA responsibility to be ADA compliant as well.

A HOA manages and owns common areas. It does not sell or buy homes. The common property is owned by all the members of the HOA. Now if I was to call out a fair housing or ADA complaint, then who pays? Well looks there ALL the members of the HOA even the complainer.

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MelissaP1 on 03/14/2022 11:06 AM
Why is this a fair housing issue? They were not denied buying a home. HOA does not provide housing.
Jesus, Moses and Gandhi. Google on:

-- hostile environment in fair housing law

-- why HOAs and COAs alike are in fact subject to the federal Fair Housing Act.

Then for each of these topics, report back here with at least three web site addresses that discuss these topics.

I do you a disservice by just handing you the answers.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
What hostile environment? The op is created their own for themselves. Sorry you want to hug everyone and let them ride your white horse.

Besides getting off topic. The issue as I recall is they wanted to see the engineering report. It was presented most likely at a meeting. Copies may not be available. One may have to make arrangements to view them IF they are allowed. How is this hostile? Just because not getting mailed to them for free?

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MelissaP1 on 03/14/2022 11:55 AM
What hostile environment??
Clueless.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Show me where it is hostile? Not getting a copy of a document on your terms is not hostile. Do not need to make special arrangements for anyone if those documents are not for member viewing. They were for discussion and vote.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
They are for board discussion and vote then they are not for members. How is that fall under fair housing?

Former HOA President
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AugustinD on 03/14/2022 11:58 AM
Posted By MelissaP1 on 03/14/2022 11:55 AM
What hostile environment??
Clueless.

You do realize you are wasting your breath? I've never once seen her admit when she is wrong even when confronted with irrefutable evidence.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I hope, and expect, Dawn is over reacting to an Engineering Report that says the building are "old" and need some work to keep them in "top/safe conditions" versus they are going to fall down.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MelissaP1 on 03/14/2022 12:14 PM
Show me where it is hostile?
See my post above where I told you to google on two subjects.
DawnL6 (South Carolina)
Posts: 226
Posted:
It is major structural damage.1 building is $100,000.that is what newsletter stated.the board held a meeting for the homeowners of the 10 buildings only.no one else.we as homeowners are all paying for these buildings repairs,and feel like we have a right to know since we are paying.
DawnL6 (South Carolina)
Posts: 226
Posted:
The 2 bedrooms like mine is $465 a month for regimes.the complex was built in 1983.
DawnL6 (South Carolina)
Posts: 226
Posted:
The 2 bedrooms like mine is $465 a month for regimes.the complex was built in 1983.the 3 bedrooms pays close to $600 a month.last year the board raised the monthly regime from $200 a month to $250 a month.this year the monthly went up from $250 to $270.a month plus the $165 a month extra for the special assessment for the next 12 months.
DawnL6 (South Carolina)
Posts: 226
Posted:
The 2 bedrooms like mine is $465 a month for regimes.the complex was built in 1983.the 3 bedrooms pays close to $600 a month.last year the board raised the monthly regime from $200 a month to $250 a month.this year the monthly went up from $250 to $270.a month plus the $165 a month extra for the special assessment for the next 12 months.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
May I ask what knowing will make a difference? Your buildings are not effected. Not having the problem. You still have to pay. So knowing that a structural beam across an entrance is going to fail without repairs matters how? It sucks that you all have to pay but you are all part of the same HOA.

Our HOA has a pool/clubhouse. 75% of the people may not use it. If the pool pump failed and needed replaced. That still meant 100% of the members paid for it. Not sure what purpose of knowing why it broke serves if it is still broken. Still has to be replaced and everyone has to pay for it.

Would you like to pay the payout for people's deaths/injuries or the prevention of them?

BTW: There is a place here that HOA dues are $900 a month for a 1 bedroom/1bath. It includes a gym, pool, and river access. You pay for what you want and need when you live in a HOA.

Former HOA President
DawnL6 (South Carolina)
Posts: 226
Posted:
Look,I don't know why you are so angry at everyone you come in contact with,but sometimes it's better to say nothing at all..what I'm saying is we as homeowners have a right to know what is going on in our community.thats it.and what is the structural damages.c9uld my building be next?since you know everything you tell me?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MelissaP1 on 03/15/2022 3:55 AM
May I ask what knowing will make a difference? Your buildings are not effected. Not having the problem. You still have to pay. So knowing that a structural beam across an entrance is going to fail without repairs matters how? It sucks that you all have to pay but you are all part of the same HOA.

Our HOA has a pool/clubhouse. 75% of the people may not use it. If the pool pump failed and needed replaced. That still meant 100% of the members paid for it. Not sure what purpose of knowing why it broke serves if it is still broken. Still has to be replaced and everyone has to pay for it.

Would you like to pay the payout for people's deaths/injuries or the prevention of them?

BTW: There is a place here that HOA dues are $900 a month for a 1 bedroom/1bath. It includes a gym, pool, and river access. You pay for what you want and need when you live in a HOA.

I agree Melissa. Why in the world would any homeowner want to know exactly what their money is being spent on and what for? The audacity of some people...
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well because they are not part of the 10 buildings. Their building is good. I would request the report of my building.

The other buildings are dealing with the issue. They don't need anyone else looking over their shoulders when they are not directly effected. You know they need work done due to danger. What else need to know?

I am sure the HOA is just trying to limit the people from slowing the process down or demanding more of the same for them. Which does not sound like it was recommended.

I do not think playing Monday quarterback is going to change a thing.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
If some buildings have been paying 200 a month since 1983, y'all have a big problem and likely explains why at least one building has structural damages that needs to be addressed right now. According to the inflation calculator - https://www.usinflationcalculator.com/ $200 in 1983 should be $569.71 in 2022, a cumulative rate of 184.9%.

I think I'd focus on getting a special meeting called for all the homeowners - if you need 10 meetings for each building or have to rent a church or somewhere to accommodate everyone, that's what the board needs to do. Talk to your neighbors to push this - it's a lot harder for a board to blow off dozens of people from several buildings. If that meeting is held, I suggest you find a way to be there.

If that board thinks the engineering report is something no one can understand, that's they should call in the people who put it together - hopefully they can explain the findings in English. That's why our annual meeting featured a presentation by our reserve study specialist so people would understand why our assessments will be going up 5% a year every year for the foreseeable future.....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DawnL6 (South Carolina)
Posts: 226
Posted:
Thank you sheila.no not $200 since 83,I've been here since 2004.it was $160 for several years,and then went to $180 then to 200 then to 250 and now 270 plus the $165 extra for the special assessment.in that length of time there has been one other special assessment and that was a $3000 at one other time.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sheila may have misread the OP. I think they mean dues as regimes. Those are now like 270? Then after a vote to repair the 10 buildings out of the 19, an additional 165 as special assessment. Guess that is earmarked just for the major repairs.

The project sounds like already voted on in January. It passed. It may have been a meeting with just the 10 buildings. The ones effected.

The OP says she and others not in those buildings want a copy of the engineer report. Which the HOA may or may not be required to supply. It may be they only want to provide it to the 10 buildings or covered in a meeting.

The question is are they entitled to the engineer report even though everything has been agreed upon and assessed.

My opinion is it does nothing. The HOA has dealt with it.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
It would be interesting for you to plug those numbers into the inflation calculator to see if your assessments are keeping up with inflation. Sadly, I have a feeling they aren't.
After the $300 special assessments (whenever that was), I would have hoped that would have prompted the board and the homeowners to be more realistic about costs. You've been there since 2004 - do you know if there have been regular reserve studies? Usually, they're done every five years - when was the last one done for your community?

Also, if the residents in the other buildings were allowed to vote on the special assessment are they paying more than everyone else because they live in that building as opposed to yours? If people in your building are concerned about paying a special assessment, that might be fairer - although if the situation were reversed, wouldn't you want everyone to pay because it IS a homeowner's association, after all, and everyone, regardless of their address, puts money in the pot to pay for upkeep and improvements to the common area?

I don't know how this is going to end, but if you're thinking you may get out of paying the special assessment, I doubt that will happen. In fact, depending on how much this one will cost, you may be looking for yet another one in the future. If you and your neighbors don't think this board is being fiscally prudent, you may need to consider rallying everyone together to vote in a new group, but that's not going to resolve things if the money's not there. The only way HOAs get money is through the homeowners and so you may be looking at assessment increases, special assessments and loans in the future - all of which will drive up your assessments even more. Good luck to you and your neighbors.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DawnL6 (South Carolina)
Posts: 226
Posted:
The special assessment was three thousand.not three hundred.the last special assessment is $2000.
DawnL6 (South Carolina)
Posts: 226
Posted:
I'm not saying one word about the payments,I'm saying we have a right to know what's being done and what the engineer Reports said.i bet if the owners inat Surfside knew what the problems were they would not have rejected the special assessment.you have to be informed to make a rational decision.
DawnL6 (South Carolina)
Posts: 226
Posted:
Fair housing in SC covers service related issues as well.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Surfside was made up of multiple buildings. It was NOT just the one that collapsed. The one that collapsed was separate HOA wise. They had their own HOA but was part of a several building complex. The other buildings did not have any structural issues. So they would not have had a say or need to know about that building issues. The other buildings did their own inspections after the collapse.

I still don't see how Fair housing is part of this or if your handicapped. Your simply asking to see an Engineering report of 10 OTHER buildings that are NOT your own nor effected structurally. It's not like they have not already passed the special assessment already. You can't stop it nor should you.

This is just a curiosity thing and something to wag the tongue about. It is like going to church to hear that "Brother Bob" needs a pray for his recent surgery. You want to know what the surgery was for before you pray. Well don't think "Brother Bob" wants to talk about his prostate surgery...

Former HOA President
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MelissaP1 on 03/16/2022 4:33 AM
Surfside was made up of multiple buildings. It was NOT just the one that collapsed. The one that collapsed was separate HOA wise. They had their own HOA but was part of a several building complex. The other buildings did not have any structural issues. So they would not have had a say or need to know about that building issues. The other buildings did their own inspections after the collapse.

I still don't see how Fair housing is part of this or if your handicapped. Your simply asking to see an Engineering report of 10 OTHER buildings that are NOT your own nor effected structurally. It's not like they have not already passed the special assessment already. You can't stop it nor should you.

This is just a curiosity thing and something to wag the tongue about. It is like going to church to hear that "Brother Bob" needs a pray for his recent surgery. You want to know what the surgery was for before you pray. Well don't think "Brother Bob" wants to talk about his prostate surgery...

Your attitude about this reminds me how Boards become corrupt. The fact that the OP does not live in this building doesn't matter. Dawn's money is being used to make these repairs and she has every right to know how her money is being spent and what for.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By JohnT38 on 03/16/2022 5:20 AM
Posted By MelissaP1 on 03/16/2022 4:33 AM
Surfside was made up of multiple buildings. It was NOT just the one that collapsed. The one that collapsed was separate HOA wise. They had their own HOA but was part of a several building complex. The other buildings did not have any structural issues. So they would not have had a say or need to know about that building issues. The other buildings did their own inspections after the collapse.

I still don't see how Fair housing is part of this or if your handicapped. Your simply asking to see an Engineering report of 10 OTHER buildings that are NOT your own nor effected structurally. It's not like they have not already passed the special assessment already. You can't stop it nor should you.

This is just a curiosity thing and something to wag the tongue about. It is like going to church to hear that "Brother Bob" needs a pray for his recent surgery. You want to know what the surgery was for before you pray. Well don't think "Brother Bob" wants to talk about his prostate surgery...


Your attitude about this reminds me how Boards become corrupt. The fact that the OP does not live in this building doesn't matter. Dawn's money is being used to make these repairs and she has every right to know how her money is being spent and what for.



Indeed. That's why I keep pushing for a meeting. Go ahead and get the engineering report, but have the company explain it in English - they've already been paid and so they don't have an incentive to fudge anything. Besides, they probably don't live there anyway (and don't want to be sued if it's found they cut corners somewhere, the community relied on that information and all hell broke loose).

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:
Quote:
Posted By DawnL6 on 03/15/2022 9:48 PM
Fair housing in SC covers service related issues as well.
... when the poor service is discrimination on the basis of membership in one of the protected classes (one of the protected classes being folks with a disability).

Too many doh-dohs submit "fair housing" complaints about boards that are just meanies, not realizing that there has to be a direct, provable correlation between the complainant's membership in one of the protected classes and the meanness.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again did you see in a previous post where this was voted on in January at a meeting with only the 10 buildings? She is in one of the other 9 that is not in danger nor was part of that meeting.

This to me means that the information is being shared to those 10 buildings for a reason. They have an invested interest.

She may have an invested interest but that does not spell out must provide information if it is no longer up for debate. It also is not due to any special needs.

It may be they will have another meeting. The job of repairs is top of list to handle now.

Former HOA President
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MelissaP1 on 03/16/2022 6:18 AM
Again did you see in a previous post where this was voted on in January at a meeting with only the 10 buildings? She is in one of the other 9 that is not in danger nor was part of that meeting.

This to me means that the information is being shared to those 10 buildings for a reason. They have an invested interest.

She may have an invested interest but that does not spell out must provide information if it is no longer up for debate. It also is not due to any special needs.

It may be they will have another meeting. The job of repairs is top of list to handle now.

I see. Once a major decision is made then the Board should not share the information anymore. Simply brilliant.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Who says they have not? The OP may be requesting information that is not open or only shared via meeting. The OP wants a copy of something that may not be shareable or one has to make arrangements to view. Not going send a free copy out vie mail. It may not fit to email. May have to view it in person. Which if you want to site it is because one is handicapped is the reason no access does not sound like the case. Simply not being viewed because of HOA may not be sharing due to legal reasons or not proving copies for free.

Former HOA President
DawnL6 (South Carolina)
Posts: 226
Posted:
These reports are association documents,not attorney client ,they should be open for inspection.

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