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GraceH (Virginia)
Posts: 224
Posted:
Last night our Association held its monthly Condo Board Meeting. During Home Owners Forum, a couple of instances were brought up in which we have not been abiding to our By-Laws.

The first was that the date has changed in which our monthly assessments are considered late. In our By-Laws, it clearly states a late charge may be imposed is the assessment is not received by the 15th day after it is due. Over the years, the PM (claiming that the "Board") made the decision to move the # of days to the 10th and last year, to the 5th of the month. While I do understand that this has been done because the bills were becoming late, due to people waiting until the last minute to pay their fees, but the By-Laws were never amended. Being brought to the Boards attention, the Board Pres. said that we will never get the 2/3 vote that is needed to amend the By-Law. The PM said that she will look into a way around it.

The second was my neighbor who had her water turned off. Our By-Laws state that before water service is suspended, the Home Owner is entitled to a hearing and such notice shall be given 14 days in advance. My neighbor who had gone in and paid the past due amount, was still turned off and was not given any notice of a hearing. I pointed out that she was not the only one that I have heard this from and the PM said that there are not that many that get turned off. I explained that they may not have been turned off, but they received notice of cut off without any notice of a hearing.
The reason my neighbor had not paid her water bill to the association, was because she had gotten a bill for 18 units of water which is extremely high. In the past several months, she has had several issues with her water meter and was waiting for the bills to be corrected. Her last 2 water bills have been 3 units of water which is what it should have been instead of 18.
What makes this worse, is the way the PM spoke to my neighbor. A comment about going toe to toe was made first. My neighbor did not attack the PM in any way however the PM felt the need to try to publicly humiliate my neighbor. To the extent that another of our neighbors said that he did not think that our neighbor wanted to air her dirty laundry and the PM said "I do" and proceeded to Tell our neighbor "THIS ISN'T THE FIRST TIME YOU HAVE HAD YOUR WATER TURNED OFF". My neighbor did respond that she has never had her water turned off before, she had cut off notices but had never had the water turned off. Either way, In my opinion, that was not any of the other Home Owners business and the PM was in the wrong for putting that out there.
Unfortunately, other Home Owners are afraid to come forward as they feel that the PM will try to do the same to them.
What can be done? I want to file a complaint against the PM.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Grace,

I know we've discussed before the issue that your PM should not be running the assn. These are matters for the board to take care of and the Board Pres should have been responding to the members' complaints. Did the board members just sit there like bumps on a log and make no comments whatsoever? If so, I hope the members present realized their leadership is sorely lacking. You ask, "What can be done?" In a word, "RECALL"!!! BTW, who would you file a complaint with? If VA is like most other states, there is no state agency to oversee HOAs and the AG will not get involved with HOA issues.

The PM's blatant disregard for what is written in your gov docs coupled with her total lack of professionalism is cause for her removal too. However, I'm sure the board would never agree to that, so that can wait until the board is removed. I think it might be time to get that ball rolling -- ASAP!
GraceH (Virginia)
Posts: 224
Posted:
Mary,

I can't thank you enough. You were the first person I thought of with this and the first to reply.

I plan on filing a complaint with both Condo and HOA Boards and the Common Interest Community Board. I honestly do know if it will help, but I do know that no official complaints have been filed. Unless we start documenting the complaints she escapes with a clean record. I almost feel like a vigilante, however in my opinion, people can not do these kinds of things and just walk away.

I am going around this weekend with a petition for Removal. Last night, the Pres. that said we would have his resignation was present like nothing had happened.

Any suggestions on the wording? I have found that if things are not worded properly, it is as good as not being done.

Are the procedures for a resolution the same as the procedures for an amendment?
KirkW1 (Texas)
Posts: 1,665
Posted:
I would suggest that if they can't deal with the dues coming in on the 15th, that they increase the dues ever so slightly as to start getting enough to cover this lapse. That and letting people know that it will end up costing the association more in the long run.
GraceH (Virginia)
Posts: 224
Posted:
Kirk,
Thank you for your response.
They have raised the fees every year since I bought my unit. Plus have done 2 special assessments. My only issue with changing the date is that they did not amend the By-Laws. How can an association have a book of rules for the Home Owners to follow, if they do not follow them their selves?

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