HOA New Policy

Started by PeggyW3 • 11 replies • 218 views

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PeggyW3 (Michigan)
Posts: 73

Posted:

My Husband and I have been trying to get our common grounds planters replaced for nearly 3.5 years.
We have gone through numerous work orders that have been opened and closed without comment of informing us of their closure. Now the Association is inacting a new policy that would change the old policy and make it so we would have to pay for the replacement. They are intentionally dragging their feet to not address our issus until the 30 days are up and the new policy is effective. They are also trying to make it so they are using it now in their decisions regarding timber work.

What can my husband and I do about this? Should we see an attorney?

Thanks, Peg

TimB4 (Tennessee)
Posts: 21,062

Posted:

Read your governing documents to see if a higher document requires the Association to maintain the planters (CC&Rs for example).
If there is a requirement, the new policy would be invalid as the higher precedent document would have to be followed.

You can always consult an attorney.
Prior to doing so, gather copies of governing documents, copies of board meeting minutes for the last 3+ years to see if the issue was discussed, copies of work orders, copies of the old and new policy, etc. This way the attorney can provide you with informed options.

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By PeggyW3 on 06/11/2025 12:13 PM
My Husband and I have been trying to get our common grounds planters replaced for nearly 3.5 years.
We have gone through numerous work orders that have been opened and closed without comment of informing us of their closure. Now the Association is inacting a new policy that would change the old policy and make it so we would have to pay for the replacement. They are intentionally dragging their feet to not address our issus until the 30 days are up and the new policy is effective. They are also trying to make it so they are using it now in their decisions regarding timber work.

What can my husband and I do about this? Should we see an attorney?

Your condominium's governing documents might very well permit the COA to assess certain units for maintenance of any common area that benefits only those certain units. Such a covenant is not uncommon.

How much money are we talking about here?

To see if this is worth fighting, yes, you would have to consult an attorney. But the cost to do so might exceed the cost of just replacing the planters.

KerryL1 (California)
Posts: 14,550

Posted:

Are. you still on the Board, Peggy? Did the Board vote to enact this new policy? Did ou write about the "timbers" previously? What advice were you given?

DeanJ
Posts: 1,786

Posted:

Quote:

If you live in a condo and absent of a special assessment paid by all the owners, it is very unlikely can legally send you a bill normal maintenance - although they may try to.

MarshallT (New York)
Posts: 414

Posted:

You could get an attorney if this issue means a lot to you. The association is clearly in the wrong here. Just make sure you've assembled proof, your work order submissions, and any emails from the association.

MarqA1 (Michigan)
Posts: 24

Posted:

It's pretty standard understanding that a common area, like a park or club house, is the responsibility of the HOA to maintain and that would also include the items within the element!

TerriS6 (California)
Posts: 3,284

Posted:

If, as others have written, your governing documents clearly say association is responsible and the board will not pay, you could pay for it yourself "under protest" then take your association to small claims court for a refund.

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By TerriS6 on 06/15/2025 6:38 AM
If, as others have written, your governing documents clearly say association is responsible and the board will not pay, you could pay for it yourself "under protest" then take your association to small claims court for a refund.

Though PeggyW3 risks being assessed the HOA's attorney fees if she does not win.

This option needs to be investigated thoroughly.

By far the first thing to do is to scrutinize the covenants carefully and see if there is any verbiage that says repair of "common elements" that benefit less than all owners may be assessed to those owners who benefit. This is a very real possibility.

TerriS6 (California)
Posts: 3,284

Posted:

She can check Michigan's laws to see if there's something comparable but in CA, a defendant who appeals a small claims judgment can only recover $150. maximum in attorneys fees.

JackS20 (North Carolina)
Posts: 271

Posted:

Spending potentially thousands on a lawyer over some planters that might be a few hundred dollars doesn't seem logical.

TerriS6 (California)
Posts: 3,284

Posted:

Small claims is cheap. Many planters involved it sounds like. Affects many people.

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