Neglected HOA area causes loss of home value - who is responsible?

As we bought our house 4 years ago in Oceanside, CA, the community pool with Jacuzzi and all the amenities has been an important part of our purchase decision.

The swimming pool, Jacuzzi, bathrooms, etc has been in a good shape as well as the equipment like 4 chairs, 4 lounge chairs and 3 sunbrella.

The pool was open around the year and the water was heated. All in all a valuable amenity and part of the value of our house especially as our house is adjoining the pool area.

Unfortunately the situation changed: today the entire pool area is neglected, the plaster on deck and walls is peeling off, all is dirty and all the stuff needs maintained.
From 3 deck lights only one is working and even this stands slantwise in the air. Two of them are damaged, neglected and not working.

All chairs, launch chairs and sunbrella disappeared and have never been replaced.

The Board members do not use the pool area by themselves. Means they are not interested and spend no money to bring the pool area back as it was 4 years ago.

This situation influence our quality of life and for sure the value of our home. I’m pretty curious if we can ask the BOD to bring back this area to the status quo and if they committed to keep the value of the community area.

Where can we find help?
Thanks

Fiduciary "duty" that is.

Wolfgang,

Donald and Michele are correct; the members must be involved; that's what keeps the BOD on their toes! Have you or anyone else thought to ask the BOD why they are neglecting the pool area? Perhaps there's a $$$ problem? But, if it's just poor planning or indifference then the members should be voicing their objections. Start a recall campaign, that should get their attenton!

Wolfgang, whether you liked them or not the posts were on point. Before posting what terrible people they were for deliberately ignoring the problem, do you know for a fact that they have been informed? I can't tell you the number of times that I have had a homeowner complain about the BOD letting something go when no one had taken the time or effort to report the problem in the first place! You state that the BOD members do not use the pool, they may not be aware of the problem.

There may be a money problem, in these tough economic times the money for repairs simply may not be there and the BOD doesn't want to impose a large special assessment.

The BOD may not be aware of the problem.

The BOD may be planning the repairs along with retro fitting the pool to conform to the Virginia Graeme Baker Act.

The point is you will never know the reason until you ask. D-S requires the BOD meetings to be noticed and open and I believe allow the H/O's time to speak and ask questions. For more specifics under what is allowed or mandated under D-S; I would recommend this website run by attorneys who specialize in Davis-Stirling. http://www.davis-stirling.com/

Hi MicheleD!

Thanks for your (aggressive?) comment even it doesn’t answered my problem.
Most of the BOD members come up with this meaning. The meaning that Homeowners should be active members of the society to the board is unreal.

Homeowners buy houses or units in a HOA to enjoy a neat environment and amenities like pool, Jacuzzi and clubhouse, etc.

That is what homeowners pay for to the HOA and why they can expect from the responsible people on the BOD that they do their job in a proper manner to all the services keep working.

Only less people are willing to do this job managing hundreds of thousands of dollars from the homeowners over the year. Unfortunately most of the BOD members have no business qualification, which causes problems.

Again: as a homeowner I would like to enjoy my home and the amenities in a clean and proper area after a stressy day! That’s what I pay for and not to work for the BOD!

Is this point of view understandable?

Well, Wolfgang, sorry you don't like my answer and consider it "aggressive," but obviously you did not read it with an open mind.

Again, the BOARD MEMBERS are ALSO homeowners, JUST LIKE YOU!!

Do you understand that point of view?

They are volunteers who stepped up to the plate to attempt to keep their association in good shape.

They are not a "them."

Neither are they a 9-to-5, 40-hour-a-week management company.

They may work with a management company, but they are basically just like you: homeowners in the association giving of their free time to help the community.

That is the point of view I understand.

It sounds like they are, in fact, doing some work on the pool.

But obviously they are not doing it to your preferred speed or satisfaction.

As some of the others have stated, they may be running into monetary issues.

They may be running into contractor issues.

They may be running into "not enough hours in the day" issues.

I will concede, as Anna mentioned, they may be falling down a bit in the communication of their efforts, but if they have already retro-fit it to the new guidelines, addressed "health problems" (so sorry the length of time it was closed is not up to speed with other communities! good grief!), and apparently are working on other issues, it does not appear that they have "neglected" the pool nor ignored the problem as you implied in your initial post.

It does also appear that you don't like their business acumen.

Do you not care for the business expertise of the entire board, or just the one or two with whom you may have spoken?

Tell you what, maybe you could help them out and run for the board and contribute your knowledge and expertise on how things should get done.

I always recommend that to homeowners who aren't happy with the way their boards are run.

Because otherwise, I'm not really sure what your problem is or what you are asking of us.

Since we don't live in your community, nor know the full details of the issues around your problem, all we can do is provide our own perspective and some advice.

You wanted to know where you could find help. I think I provided some perspective on that question. Given even the additional details you provided, I still say, one of the places you can find "help," is right in your own back yard.

Maybe work with other homeowners who are also under the false impression that the board works for them, too, and see if you all can meet with the board and ask them what you all, as fellow homeowners can do to help them.

I know in my own HOA, I would love for a few concerned homeowners to step forward and volunteer to be on several committees.

We don't have a pool, but we do have a lake that is in constant need of monitoring for trash, a fence that surrounds 13 acres that could use a few people keeping an eye on for us, a signature entrance that could use some trash pick up once a week, and so on and so forth.

Sure, we as the board can manage these things and more "all on our own," with the help of other HOA homeowner dollars by paying for all this to be done, but concerned neighbors working on committees to help move things along, and fill in the times when our contractors can't be there. That is gold to boards everywhere!

Consider it (volunteering). You won't be sorry. After all, it's your association, too.

Wolfgang,

I'm sure if you thoroughly research your gov. docs. you will see that the BOD, indeed, does have the resp. to maintain the common areas of the assn. I don't ascribe to the thought that perhaps they may not know about this particular issue. I can understand the BOD not being aware of a member's violation of a CCR restriction, but they should be checking out the common areas on a regular basis to determine what maint. projects are needed to keep everything in good repair. Although I do agree member involvment is a must; it's also critical that the board keep on top of certain issues w/o relying on the members to let them know that something needs their attention. Maintenance of common areas is one of these issues. The formation of committees is one way to get the members involved while giving the board some relief from all their resp's. We don't have a pool in my community but we do have quite a few lakes. If the BOD relied on the members to let them know when erosion was occurring around a lake or that a pumpt wasn't working correctly, we'd be in really bad shape!!! IMO, there are some things the the board alone has the resp. to keep up with.

Wolfgang,

Perhaps it is time to request a special assessment to keep your pool up to your expectations. The board cannot spend money they do not have.

Wolfgang,
Your post blows my mind. You want everything taken care of but don't want to contribute anything. Yes, you want everything taken care of because you pay your assessments. You criticize the board who "have no busines qualification, which causes problems". I can understand why "less people are willing to do this job", I have a good suggestion...double or triple your assessments and have all this taken care of by a professional company so you can "enjoy your home" but remember someone will still have to watch where your monies are going. Will you be up to that? Here in Florida we just had a management company that stole over $53,000 stolen from an hoa.

I think it is a reasonable expectation to pay your assessment and have everything maintained... otherwise, what was the assessment for? You are spending money for a service, and so it is reasonable to expect such service be delivered.

I pay monthly assessments for lawn, irrigation, and a club house, and if something was an issue, I would bring that question to the board. If the board evaluated the budget and felt that maintaining the pool exceeded their budgetary constraints, then they should have brought this issue to the membership to determine the best course of action (whether it be special assessments or cutting back on particular services).

I also understand his argument that the board members may not be qualified. Unfortunately, that is very true for many associations, and many associations are capable of functioning properly and efficiently. Having a business background does help in my opinion, but in reality, finding a professional business man who is willing to dedicate a lot of his free time to manage a HOA may be difficult. If the current board members are not performing their jobs, or you feel that they are performing them incorrectly, assemble the membership for a special meeting.

Wolfgang,

I'm sorry that you think this forum is rife with "unqualified statements"! The people who participate here give their opinions based upon experience and research. If you're not hearing what you want to hear, that's not our fault. But to come here, as a new poster, and claim we are making "unqualified statements" takes a lot of gall. If you're seeking answers to your questions, how do you know whether or not our responses are "unqualified"? You should realize that board members are human beings. Some do a good job, some don't. Not everyone here is a board member and I don't know of anyone who posts here regularly and claims to be an expert on HOA issues. Perhaps this isn't the right place for you to be seeking answers to your questions. Perhaps you need to speak to an attorney who can give you a "qualified" opinion. Oh, and by the way, you should look up the word "opinion", because that's what's being given here. I also suggest you read the disclaimer at the bottom this message which says, in part: "Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship."

No offense intended; just a friendly reminder of what this forum is all about.

Hi Wolfgang,

My take on the situation is that your HOA is facing an economic calamity. Oceanside, CA is one of those "boom towns" that grew tremendously during the past seven to ten years. Now it is one of the hardest hit by the foreclosure wave.

I'd bet that your HOA is now collecting far less in dues than can cover all the expenses. Faced with a dire financial situation, the Board has to decide which bills to pay and which ones not to. A pool is a lovely amenity, the insurance and utilities are required necessities. Just as with an individual homeowner, when times get tough and money stops coming in, some things have to be cut out or neglected while the necessities are taken care of.

Take it from someone who was the Treasurer of my HOA for six years, we don't WANT to neglect anything in our community, but if there is not enough money coming in, we HAVE to neglect something until times get better.

Of course you can, and should, ask the Board about the situation with the pool area. They should be honest and upfront with you and be able to explain why the pool area has deteriorated. It will probably come down to one word: money.

In my opinion, I would have to say that the contributions to this discussions by the other board members who post here have been quite helpful, for they may offer varying perspectives of varying degrees.

Although a response may not be the desired answer, I think it is best to take all the answers in to best evaluate a final determination, and I would not immediately discount the advise given here either.

I really think in your situation, the membership and the BOD need to increase communication and sort out these issues, whether they are your concerns, or the concerns shared by many, and the root of these problems need to be uncovered and remedied.

Unfortunately, as I have started experiencing, it is very difficult to motivate membership... so good luck.

Patrick,

It’s hard to argue with “they [the board should] certainly put in the time and effort to take care of them [the pool, Jacuzzi, basketball courts or tennis courts] for everyone else to enjoy.”

Assuming the funds are available, the board should be working with the membership to assure all those amenities are in great shape! The key words here are “working with the membership”! I believe the members are just as responsible as the board here; the board is not responsible to periodically walk the compound searching for defects. If the member observes defects that he/she feels need to be addressed, that member has a responsibility to advise the board in writing.

If the member fails to notify the board (or committee responsible) that member is, as I posted above, part of the problem (the problem being a deteriorating amenity).

I agree to an extent, Patrick, but there was a post further down where Wolfgang said he had "spooked to the BOD but they are not willing to bring back this area to the status quo of 4 years ago as some equipment has been violent damaged in the past."

I'm guessing by this comment the board decided not to provide tables, chairs and umbrellas to be used as sporting equipment for some people, or even stolen or otherwise vandalized.

That's their call, and I'm sure it's a "financially based" call as well. Not what Wolfgang likes to hear, but I can understand their decision.

Then he also shares this with us: "The retro fitting repairs have been already done, closing the pool and Jacuzzi for 2 months. In other communities this work was done within 4 days. Now the BOD closed the pool again for hygienically reasons and necessary repairs. "

He doesn't go into what those "hygienically" reason are or what the "necessary repairs" are, but it does appear they are and have been trying to address the state of the pool, just, as I said previously, not up to Wolfgang's speed or level-of-use standards.

His later post leads me to believe that his initial post might have been a tad "embellished" regarding the condition of the pool and the reason(s) for the alleged "neglect."

Which, it turns out, is not really "neglect" at all, based on his own further posts.

Just sayin'