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Not following Davis Sterling Act.. Not following fiduciary obligations of the HOA! Any ideas?

Started by SuzyC4 replies • 1238 views

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SuzyC
Posts: 36
Posted:
There is someone else on this site that has a similar problem. ( Could you imagine if we were from the same HOA?

I am in a dilemma. I am on the board.. served a few terms and took a break that was until this last month when there was a spot open and issues with attendance from the other members.

I jumped into a mess that I don't know how to handle. Too many issues to list, but will summarize. My current board voted upon our annual budget and also a few other items that are being carried out. Most are in total disregard to the thing that governs the board. One being the Davis Sterling Act and the other our cc&r's. The budget for 08 is projected for $200 for paint for a 60 unit 23+ year old building. There is obvious signs of wear and our property values are down with several forclosures happening. There is >150K in our reserves. and they do not want to replace, repair or update anything.

The second issue is that this board voted for a FIOS installation for fiber optic computer internet within the building. ( this was free from a local installer! ) That was done in January. We had no dates for projected installation. About 6 days prior to start the "captain" of this plan went door to door collecting keys and handing out flyers instructing people that they needed entry to all units for a complete installation.

We had the installers scratch cars, take up parking spaces in our garage and worst of all... working until well after 7pm which is against the city codes and is citable. One of the other board members came home at 9:30pm to find drilling, noise, workes still on our property. SHe called the police and the guy who deemed himself "captain" came down and told the woekers to continue working! ( the captain is a board member!) There was a reported argument and the caller to the police was correct. They need a permit! ( the caller and the one who ok'd this on the HOA"s behalf is both on the board.)

It's an absolute nightmare. Our "captain" the one who is dong all this recently passed out flyers asking for people to vote him president for the new fiscal year in 2008. That poor dunce doesn't even relize that our cc&rs allow the homeowners to vote us on the board and then amongst ourselves we essentially vote or appoint each role. If he is trying to run for chairperson.. he isn't making friends on the right leve!

** With the current elections next month in April. I took it upon myself to make a very simple unofficial newsletter that marks a few concerns including the lack of understanding awareness and regard for the laws that govern us! I also took pictures of torn awnings, paint chippng, graffiti in our lobby, chunks of cement missing on our building and other botched paint jobs that don't match our buildings color! I asked people if they like the job thier current HOA is doing. If they felt the building looked maintained. I pointed out that one of our board members has served consecutively for >7 years due to the fact no one ran against her and she won by default. I also provided a copy of our budget to provide my points... the $200 for paint.. no plans to remove or replace awnings. I asked for people to attend meetings and run for the board and make it a fresh year....

Can anyone advise me? Noelle has this problem too. I hope you are in my building so we can team up!

SusanW1 (Michigan)
Posts: 5,202
Posted:
Good luck - it takes more energy to FIX something than to start from SCRATCH. You are on the right path.

I suggest you bring in a guest speaker or consultant to talk about the role of the Board (in an HOA) at the first meeting of the new Board. There sounds like there is a fundamental confusion about Board roles and governing documents.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Suzy and Noelle,

I asked HOATALK to inform me how to communicate with a specific poster and they replied to set up a free account with Hotmail or Yahoo or one of the other freebees. You might just be able to help each other out. It did help me to reach out to another poster.
SuzyC
Posts: 36
Posted:
Thank you for the response. I appreciate it and will try to contact.

Meanwhile I can't help but think I am in the minority when it comes to wishing to run our HOA within it's responsibilities, what can I do short of a lawsuit?
SuzyC
Posts: 36
Posted:
http://i17.photobucket.com/albums/b85/noellezsassy/100_2263_2.jpg

http://i17.photobucket.com/albums/b85/noellezsassy/100_2263_2.jpg
http://i17.photobucket.com/albums/b85/noellezsassy/100_2251_2.jpg
http://i17.photobucket.com/albums/b85/noellezsassy/100_2244_2.jpg

Here are some pictures of common grounds. What do you think?

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