💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

CarolH2 (Georgia)
Posts: 33
Posted:
Currently my neighborhood of 177 is in trouble.

The current board is an illegal board. They have a renter on the board as vice president. Our covenants clearly state that board members must be listed on the HUD statement of the homes.

The neighborhood is currently $65,000 with delinquencies.

The board is untrustworthy. They have spent money to build retaining walls without a majority vote by the board (it was decided approved and completed while other board members where out of the state). One of the walls they built was at a home with over $1000.00 in delinquent dues and the wall was not even needed.

They are spending money just because they have it but there is no real reason behind the things they are spending money on.

The board is not enforces the covenants and even the President who was denied a patio last year put one in this year. They are allowing triple driveways to be put in. My neighborhood is all common land except what the house sits on. The covenants clear state no permanent structures on common land and we are at a minimum green space set by the city.

The neighborhood has a company we are paying to pay bills and collect dues but the current board is excepting payments at their homes.

The board has been caught in lie after lie after lie.

All that being said, is there a legal way for me to stop paying HOA dues with out getting into trouble. I am thinking an account that I put the money into monthly but the board does not have access to until we get a new board or they correct their ways.
MicheleD (Kentucky)
Posts: 4,491
Posted:
No, there is not a way to stop paying your assessments/dues without getting into trouble. Putting it into an escrow account doesn't work either.

What needs to be done is for the neighborhood to get involved and take back their association.

This will not be easy, and it will take a lot of hard work and will involve meeting face-to-face with your fellow association members.

Locate the section of your covenants that addresses how to recall the board, or how to petition for a special meeting at which time you can call for a vote to remove the board. Be sure you have a plan in place, first, though.

By that I mean, be sure you have secured commitment from fellow members regarding which of them is willing to step up to the plate and replace the board members.

It will probably take some time, and may not even be possible until you next annual meeting.

But you should dust off your covenants, read and study them thoroughly and start sooner rather than later.

But never try to use your assessments/dues as a point of leverage. It can very easily backfire.

Especially since many HOAs do not allow people who are behind in their dues to vote. And the power of your vote is especially needed at times like you are experiencing.
GlenL (Ohio)
Posts: 5,491
Posted:
Carol I can't think of a bigger way to get into trouble and have massive fees including legal attached than by attempting to escrow your assessment except to not pay it at all. Now I'll admit I'm a little skeptical of your litany of the BOD's alleged peccadilloes. It sounds more like gossip but if you have proof to back it up I would advise you find some people willing to serve on the BOD and recall the current Board.

Studies show that 5 out of 4 people have problems with fractions
CarolH2 (Georgia)
Posts: 33
Posted:
Glen,

While I appreciate your response I can assure you these problems are not hearsay or rumor as I NEVER do things in my neighborhood until I personally check them out.

I can assure that. . .

There is a renter on the board

The neighborhood does have a delinquency of at last check (one month ago) $65,000.

The board has spent money on unnecessary things (a new pool lock) one was purchased last year. They did not know how to program the one we had so they just got rid of it. A new computer for the board members?!?!?! Two retaining walls. A survey was done by an erosion company and it stated that the city and the developer should have never built homes in this one area. We were advised by an attorney to sue the city or the developer. The board just chose to pay more than $5000.00 to have a small retaining wall put it. It will not take care of the entire problem. The wall behind my house for a delinquent home owner was just not needed. I have lived there for 5 years there is NO erosion in the area.

The president does indeed have a permanent patio and there are to date 4 homes with triple driveways.

The minutes I requested from a board meeting (it took them 8 weeks to get those to me) clearly stated that they will take payments at their homes from residents.

It is very frustrating when some of the homeowners want to do the right thing but do not have a way to get things done because of a bad board!!
JeanneK3 (Maryland)
Posts: 562
Posted:
Your community voted these people in so you need to lead a movement to get others to run for the board and then vote the old board out at the next board election. Jeanne
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
CarolH2
I really don't see any major issues with your current board. Sounds like your just venting.

HOA boards are volunteer basis, you don't always get quality people. If you really wanted things to change at your association you would volunteer yourself. If you don't want to help, your stuck with the knucklehead volunteers that you currently have and must live by their decisions.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
CarolH2's started a new topic. This thread continues here:
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/83352/view/topic/Default.asp

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here