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GlendaL (California)
Posts: 1
Posted:
I live in a 4 unit building, all owners. Three of us are board members. There are repairs needed on the building, new roof and termite control (tenting), termite damage and peeling paint. Two of the owners won't return emails or talk when I try to set up an HOA meeting to discuss the maintenance issues. One has his unit rented out which is another issue. The other is always traveling and never home. How do we get repairs and work done if the other owners won't even meet to vote on stuff or communicate? The two I'm having problems with don't like each other and I think don't want to be in the same room together. They always make me get all the bids and do all the leg work. It's very frustrating and I don't know what to do. My property value is going down because of them.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Glenda,

Only 2 options I can think of:

1) bite the bullet and do all the work by yourself, or
2) boot one of the other two off the board and put the 4th owner on in the hopes that he'll be more responsive to doing his job
SusanW1 (Michigan)
Posts: 5,202
Posted:
Send all owners a letter stating that if they do not attend a meeting to discuss the business of the corporation (HOA) then a lawyer or judge may have to step in and run the affairs. It is the legal obligation of the board to maintain the assets of the HOA. If it cannot do it, then outside help must be brought in.
BethS2 (Texas)
Posts: 19
Posted:
Can one board member take action if the other two are non responsive? I thought all actions have to be by BOD majority vote?
DanielH1 (California)
Posts: 482
Posted:
You have a difficult problem, no doubt.

When owners neglect their own property, there is often nothing in the law that can force them to pay attention to it.

If I were you, I'd focus on paying out of your own pocket to repair issues that directly affect you. If the roof on your unit needs repair, pay to repair it but don't repair the roof over the other units.

If the other owners have issues with your repairs, they will likely only issue empty threats. Neglectful owners are likely to neglect lawsuits and to neglect carrying out their threats.

And, sometimes, that's just the best you can do. You do everything that is allowed and, then, if something more is needed, you do what is needed and force them to confront you and call you on it.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Does our board use the services of a lawyer.
Set up a meeting with him/her and explain what is going on.
Think like a business. The corporation MUST take care of the assets. No one member can act alone or make repairs to common areas.

If worse comes to worse, sue the HOA.
BethS2 (Texas)
Posts: 19
Posted:
Does anyone know a dollar range of how much it might cost to sue the HOA for such negligence? Is this a small claims suit or bigger court?

MicheleD (Kentucky)
Posts: 4,491
Posted:
I would imagine it would depend on the dollar amount you can prove that you were damaged.
DanielH1 (California)
Posts: 482
Posted:
I wouldn't sue the HOA. There's nothing to win.

The judge would probably only order the HOA to do its job. If you were lucky, the judge would order them to reimburse you for your legal costs but, seeing that you are also a member of the HOA, you'd have to pay your fair share of any judgement against the HOA. Maybe the HOA's insurance would help the HOA out but maybe not as much as you might hope.
EllenS1 (Florida)
Posts: 1,148
Posted:
Glenda,

What about notifying code enforcement for your area? Termites could affect adjoining buildings, etc. I'm sure the insurance company of the two owners would be interested in learning of this..I'd send an email to the two that code enforcement will be inspecting the building and that their insurance companies will receive the code enforcement report. I bet they will answer your mail when they receive this info.

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