How do I address these issues during the next meeting?

I don't want to be that person at the next HOA meeting, but I think I am. Here are some of the issues that I am having. This is a condo by the way.

1) Water pressure: The water pressure in my unit is 100 psi when it shouldn't be higher than 60 psi. I looked, and it is the HOA's responsibility to fix the regulator. The unit is in another member's garage, and they have known about the issue since December 4th. Should I remind them that if I have any leaks, I will inform my insurance company that the HOA knows about the issue and refuses to correct it? We are talking about a 50-year-old pipe.

2) The roof in my mechanical closet is leaking. It might just be a cap, but since they already said they will not be repairing any roofs this FY, can I just hire another company to fix it? If it isn't the correct color, I can just say, "Oh, well, you guys should have fixed it yourself."

3) The railing on my balcony is gone, with dry rot and insect damage. It is 20 feet off the ground, which is a health and safety issue now. The top part could hold an adult's weight; however, a child would fall through because the lower horizontal support beam is paper-thin and no longer attached to the structure. If I were expecting children over, it would be something that I fix asap, and chances are I will not paint it the correct color or maybe have the same design. Again, I can say, "Oh, well, you guys should have fixed it yourself."

4) Termites: I might get the three other owners in my building to pull together and tent our building to rid the problem. After that, we can repair the structural damage to our individual units.

It is $850 a month; there is no excuse for this. I cannot believe they spent $300k on landscaping because the city cut off the reclaimed water, and the exotic plants died. Drout-tolerant plants are a thing.

Contact your property managers office Monday morning, tomorrow and address each of these issues.
Your HOA is obligated to address and repair each issue provided they are the responsible party for
doing so,

So to answer your direct question. During the meeting there should be a portion for owner comments. You may need to request time to comment prior to the meeting. Simply stand and state you have issues the HOA is not addressing and provide the issues.

Understand the board is not required to respond or to discuss your issues at the meeting.

Then go speak to an attorney. Any HOA board that has leaking roofs and railings falling off balconies and chooses to fix landscaping first isn’t playing with a full deck.

Do you suspect embezzlement?
In CA, directors are required to review the financials every month. Members have a right to ask for records, including bank statements.
If the board acted to make repairs, is there money in your accounts to pay for them?
It sounds more like a misuse of funds issue than a failure to maintain issue.

It could be embezzlement but I think the real issue is likely a combination of (1) not ensuring assessments keep up with inflation (2) not making regular deposits into reserves (3) not getting updated reserve studies so they can prepare a realistic budget and (4) failing to do regular maintenance. May as well add a failure to set priorities- landscaping is important, but safety even more so.

I suspect these folks think "well, MY unit isn't having these problems", so it's out of sight, out of mind, until it isn't (termites have a tendency to spread and who knows what other damage might result and then you're paying thousands more to fix it?)

Don't worry about being "that owner" - you pay assessments in full and on time, and I also ass7you take care of your unit, so why shouldn't you expect the association to maintain the things your documents say it's responsible for? You notified the property manager of the issues and should be documenting everything as Michael noted. The next step is to attend the next board meeting as Dean suggested and insist on a response within 15-20 days (because we're near the end of 2024 and little will get done this week.) I would prioritize the issues - you might want to start with the water pressure (it could get addressed relatively quickly), then the balcony and termites.

Keep your private attorney and maybe your insurance company informed in case things escalate. You should also check your policy to see if you have coverage for living expenses if repairs require you move out until those are completed (I'd expect the association to pay if the repairs were for things it's responsible for). Good luck!

Why size is your HOA?

So,Tom, you need to be sure WHAT is the HOA's obligation and what is yours:

1) Water pressure. No doubt the PM is assigned to repair items like this. Yeah, complaining about it at an open board meeting, would make you "that guy."

#4: If your HOA is a condo, the HOA is resosble to do termite repair. But WHAT do you CC&Rs say on this point?

#3 The balcony rail probably is the responsibility of the HOA, but WHAT do you CC&Rs say? I assume it's an "exclusive use common area?"

2. Is your "mechanical closet" part of your "separate interest," or a common area? Where is it located?

Agree with LetA to have pics and a confirmed list that these all are the HOA's responsiility to give to the PM. Is the PM on th premises at all?

Dem makes a good point about ithe insurance.

You can try at th open meeting. As you know in Cali you don't need to give any advance notice to speak at open forum unless your Board requires it. I'm just not feeling like it's the best option. I'm think at the moment hat a major complaint about the bailey rail only is your best approach assuming the HIA IS obligated to repair it. You re bring up a potential hazard. Meanwhile I would NOT do any any repairs. Just keep kids off IF any come over. If. you hire someone, YOU could be liable if an accident.

If you have not seen the budget, I have doubts such a conclusion is fair.

I will say there is no excuse for not special assessing (or increasing the regular assessment) as needed to make repairs that I agree, obviously should be done. As well the HOA is taking a lot of risk by not making these repairs.

Thank you. I have sent pictures of everything, even the home inspection results. They are 100% aware of the water pressure, and the plumbers said they couldn't do anything until the HOA approved the work ticket. They have not done so yet.

They do send out the budget but they do not follow it. Most of the money is going towards landscaping. We learned of this because the prior PM had the HOA talk about where the money was going during the meetings. They also got rid of the PM. They have been increasing the HOA dues for years, starting at $460 in 2019 when I moved in. We did have a special assessment for insurance. In August 2024, they spent 30% on insurance and the rest on landscaping, replacing all the plants that died when the reclaimed water was cut off.

I have attached the maintenance list

Here is what the CC&Rs say

ARTICLE 6 -REPAIR AND MAINTENANCE

6.1 General; Standards of Maintenance. [Civ. Code § 4775] The Association
and all Owners are required to fulfill the maintenance requirements imposed by the
Governing Documents. For purposes of this Article "maintenance" shall include, without
limitation, painting, weatherproofing and cleaning to keep Improvements in a clean, safe,
properly ventilated, watertight, dry and sanitary condition necessary to preserve the
attractive appearance of each Condominium and the Community and protect the values
thereof, and to ensure that there is no threat to the health, safety or welfare of any
resident. The Board shall have the power to determine the standards of such
maintenance. The replacement of exterior items by Owners shall be subject to the
architectural review requirements of the Governing Documents.

6.2 Division of Responsibility. Attached hereto as Exhibit "B," and
incorporated herein by reference, is a listing of the allocation of responsibility for various
components in the Community. Generally, each Owner shall be responsible for the
maintenance, repair and replacement of his or her Condominium, and the Association
shall be responsible for the maintenance, repair and replacement of the Common Area.
In the event of any inconsistency between the above general provisions and the specific
provisions of Exhibit "B," the provisions of Exhibit "B" shall prevail. In the event of any
inconsistency between the provisions of Exhibit “B,” the most specific provision shall
prevail. Provided any item is not listed in Exhibit "B," the responsibility for its maintenance
shall be determined in accordance with the above general provisions or as otherwise
provided by statute or Applicable Law. Except as otherwise provided in the Governing
Documents, the costs of maintenance, repair and replacement shall be borne by the party
responsible for the maintenance, repair and replacement.

6.3 Owner Improvements. Each Owner shall be responsible for the
maintenance, repair, and replacement of any Improvements installed or planted by the
Owner, any resident in the Owner’s Condominium, or the Owner’s predecessor in
interest, within the Unit, the Exclusive Use Common Areas, or upon the Common Area.
The Owner is also responsible for damages to the Common Area caused by such
installation, maintenance, use, or repair. Installation of any Improvement within the
Common Area is subject to the architectural review provisions. Any unauthorized
Improvement in the Common Area and Exclusive Use Common Area shall be considered
a trespass on the Common Area and shall give the Board the right to (a) remove the
unauthorized Improvement summarily and without compensation to the party who
installed it and/or (b) charge Owners for the repair, removal and damage caused by the
unauthorized Improvement.

6.4 Access over Common Area. The Owner of the Condominium shall be
entitled to reasonable access over and through the Common Area, subject to the consent
of the Association and to any other conditions reasonably imposed by the Association, for (32)

the purposes of performing any maintenance, repairs or replacement as required by the
Governing Documents. The Association's consent shall not be unreasonably withheld.

6.5 Failure to Maintain. If an Owner fails to maintain the areas described
herein pursuant to the standards set by the Board, the Board may notify the Owner of the
work required and request that the same be done within thirty (30) days from the giving of
such notice. If the Owner fails to complete maintenance within said time period, the
Board may, following a Notice and Hearing, cause such work to be done and the cost
thereof shall immediately be paid by such Owner to the Association and until paid shall
bear interest at the rate of twelve percent (12%) per annum or the maximum rate
authorized by Applicable Law. The Association shall have an easement over the Units
and Exclusive Use Common Area for the purpose of performing the work described
herein.

6.6 Damage During Repairs. In the course of carrying out the maintenance
and repair responsibilities of the Association, it may be necessary for agents or
representatives of the Association to remove floor or wall coverings, appliances, fixtures
or other similar items within a Unit. In this event, the Association's agents or
representatives shall use care to cause as little damage as possible. The Association
shall restore the structural floor, ceiling or wall. The Owner of the Unit shall be
responsible, at his or her sole expense, to paint and to repair or replace any such floor or
wall coverings, appliances, fixtures or other similar items which might be damaged during
such repair or replacement by the Association's representatives or agents unless the
damage is caused by the gross negligence of the Association, its Board, Officers, agents
or employees.

6.7 Termite Control. [Civ. Code § 4780] The responsibility for control of wood
destroying pests or organisms shall be as follows:

6.7.1 The party responsible for the maintenance and repair of a
component shall control the presence of or repair damage
caused by wood-destroying pests or organisms in that
component.

6.7.2 The Board shall determine the method and timing of any
treatment for which it is responsible in its sole discretion.

6.7.3 The Association shall have the power to temporarily remove any
Unit resident for such periods and at such times as may be
necessary for prompt, effective treatment of such pests or
organisms. The costs of any temporary relocation, including loss
of rental income, during such maintenance or repair shall be paid
by the Condominium Owner affected. The Association shall give
notice of the need to temporarily vacate a Condominium to the
Owners and occupants not less than fifteen (15) days or more
than thirty (30) days prior to the date of the temporary relocation.
The notice shall state the reason for the relocation, the date and time of the beginning of treatment, the anticipated date and time
of termination of treatment and that the occupants will be
responsible for all necessary accommodations during the
relocation.

6.7.4 Neither the Association, the Board, Officers, agents nor
employees shall have any liability, absent willful or wanton
negligence, to any Owner, family member, guest, invitee or
tenant for any damage caused by the treatment.

6.7.5 Notwithstanding anything else herein, in the event that an Owner
wishes to obtain a termite clearance certificate for any purpose,
the Owner shall be solely responsible for any and all costs
associated with obtaining the certificate, including, without
limitation, the costs of maintenance and repair of the Unit,
Exclusive Use Common Area, or Common Area which may be
necessary to obtain the termite clearance certificate. An Owner
or group of Owners may agree, in a signed writing delivered to
the Association, with such reasonable assurances as the Board
may request, to agree to share the above costs.

You needed to cite Exhibit B, Tom, which apparently shows WHO is obligated to maintain & repair WHAT.

Your citation of 6.9, etc. is about WATER DAMAGE and not about, say, balcony maintenance & repair.

You are NOT responsible for an injury to an HOA staffer on your balcony. Why do you think you are?

But, you can see in 6.3 you ARE resposble if you fix something in the common area. Do NOT fix anything. read Exhibit B.

Look, Tom, IF the HOA is negligent AND the water pressure causes damage, the HOA is responsible. In your case the HOA IS negligent b/c they will not regulate your water pressure Keep demanding in writing to management that the work be done. You want a paper trail.

The vendor who must been your balcony to get access to above is has a CONTRACT with your HOA, NOT with you. The contract spells out who is resposble for what IF your exclusive use common area balcony fails and the vendor is injured. YOU are not, tho' might be if your guests get injured, blah, blah.

I hope someone else jumps in to help Tom. I simply am not healthy enough to explain anything adequately. My last try, though. Read Exhibit B of your CC&Rs, Tom!

Read the Davis-stirling.com citations I provided.