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Posted By SaraM4 on 01/24/2024 9:52 AM
We just received a letter from the HOA stating, "They are still gathering information on legit bids to have the work completed". Can they legally assess without bids?
This will depend on any wording within your governing documents.
Personally, I have not seen any requirement for bids for a special assessment.
It makes sense to have bids first, but some individuals may simply do research and say it should cost around $xx,xxx and see if they can adopt a special assessment before obtaining bids.
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Posted By SaraM4 on 01/24/2024 9:52 AM
How long after an assessment does work have to commence?
If there is no requirement in your governing documents, then (to my knowledge) there is none (as I saw none in applicable statutes)
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Posted By SaraM4 on 01/24/2024 9:52 AM
They did have a decent reserve, until last year when the insurance skyrocketed.
I take that to mean that the Board "borrowed" from the reserves to pay the insurance.
They may need to create a special assessment to pay back the reserves (in addition to raising assessments to cover future insurance costs).
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Posted By SaraM4 on 01/24/2024 9:52 AM
There is also a large amount of money missing, that has been questioned (about 40K) however our board decided it was not worth pursuing due to the cost of legal fees.
That tells me that the board knows what happened to the money and isn't sharing OR
The board has no idea what happened and is spinning it to look better.
If it was embezzled, remove the individual, turn the issue over to the DAs office for charges and file an insurance claim (expecting your Association has a bond or crime insurance).
Reasonable attorney fees can be reimbursed if you win (and request it from the court).
Sometimes, the simple filing of legal action can bring a settlement.
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Posted By SaraM4 on 01/24/2024 9:52 AM
Our Monthly Dues has also skyrocketed. along with the special assessments.
Just based on insurance costs they would skyrocket. Add inflation and it just goes higher.
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Posted By SaraM4 on 01/24/2024 9:52 AM
So my question is how can they assess random amounts?
Because the governing documents and the membership allow it to happen.
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Posted By SaraM4 on 01/24/2024 9:52 AM
Is there a time frame that they must start repairs?
asked and answered
Might not be the answer you were hoping for, but answered.
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Posted By SaraM4 on 01/24/2024 9:52 AM
Can they assess and hold the money permanently and never repair?
Realistically - it's possible.
Depends on how much the membership (collectively) is willing to push the issue.
I would think that if a contract isn't awarded in a reasonable time (I would say reasonable would be 2-3 months) then someone, or a group, can take the association to court over the issue.
Keep in mind, if few want to serve, the membership is stuck with those willing to serve.
The fix to this is gather support, attend board meetings, continue asking questions if the answers don't make sense and, if desired, recall the board or simply don't reelect. However, that requires others to step up.