Responsibility for HOA State Statutes

I have been away from hoatalk for awhile due to personal hoa issue (I'll provide update at a later date...)and just logged back on. I am appalled at the serious complaints from hoa owners all across the country--issues involving
--recall of board members--misappropriation of funds--invalid use of proxies--board transition from developer--assessments in arrears even by board members! and on and on...always the same serious problems much having to do with poor management from Mgmt Co. and personal agendas from power-hungry board members.

Who is minding the store for hoa's? We are aware of community organizations like CAI, Community Network Assn. but with the growing number of communities all across the U.S. we are in dire need of heavy duty state representation as our umbrella person and overseer. Is there anyone we can go to as an advocate within our state? One who we can report all the mismanagement to? I myself would not recommend anyone to buy in an hoa. Too bad I did not know to log onto hoatalk before I bought into the community!

Thanks for any insight, especially from the lawyers on hoatalk.
PaulM

Thank you “HOATalk” I couldn’t have said it better.

I know it may seem very discouraging to many, because the majority of the posts written are of, just that, problems. But, in all fairness you yourself probably didn’t come across this site because you were pleased with your HOA or did you? There are many “horror” stories about HOA communities. I couldn’t agree with you more on that one, but I too feel that this discussion forum is very positive to those of us who care enough to find a resolution to their HOA problems. There are some very knowledgeable members that continue to post responses to those of us who turn to the internet for advice. I, for one, have benefited significantly from all the advice I have received from many of the people that respond to posts at HOA Talk.

I find it very interesting to read about other problems that HOAs around the country are dealing with. It makes me truly appreciate how well my HOA is operating on a daily basis.

I appreciate all the postings and responses given. This site and the people that have posted on it are the reason for my change in attitude about my HOA. So thank you all once again.

Chuck W.

Paul, I see on your profile that you are in Pennsylvania. The laws/agencies for HOA oversight vary by state. Some states like CA and FL have a HOA Ombudsman's office. Some states offer mediation services between homeowners and the HOA.

However, in most states, working with the HOA is just like working with any other corporation; it's a civil matter. That means if you can't get satisfaction working directly with the HOA Board, then your next option is to hire an attorney.

Many states are in the process of enacting more HOA legislation, so you could also contact your state legislators to try to influence upcoming bills.

I'd also recommend you take a look at our sponsor's website at: www.communityassociations.net. They have state pages with state laws, etc.
Others here may have more advice.

Best Regards,
HOATalk

"Some states like CA and FL have a HOA Ombudsman's office"

California doesn't have one. The bill was vetoed by the Governor.

I'm in Maryland and the Maryland Task Force for Common Ownership Communities is completing its work and about to recommend Maryland Ombudsmen by county or region as well as licensing and bonding of all property managers. There are other good recommendations as well. Maryland Homeowners' Association feels that state regulation of condo and HOA governance is desperately needed. Go to www.marylandhomeownersassociation.info for more information.

If you have a link or more info on FL Ombudsman, please post it. I think the legislature has talked about this as a "nice to have", but I don't think it is effective yet. They keep holding public meetings for public comment, but I am not aware of any changes. If anyone has more up to date info, please post!

Chapter 720 puts HOA disputes under the jurisdiction of FL Dept of Business Regulation, but when I called that office, the gentleman explained that they have been give the responsibility with no regulations or funding to carry out the job. The only options through that office are for arbitration or mediation depending on the type of dispute. Forms are available at www.MyFlorida.com, but I decided that route was not helpful with the issue I was attempting to address. I finally hired an attorney at my own expense.

I hear Paul. I belong to a 139 unit Condo Association in Illinois. (was 139 units 42 have withdrawn, leaving 97 units in the Association) We have some issues here, after reading on the forum for a while, I think our Association has gotten dumped and have the dubious title
of most offenders and no where to go with issues. If I didn't live here I would never believe all that has gone on in our Association the passed several years. We have board members we can't get rid of, we have money missing, and can't get past the board to get an audit, we are ruled by power hungry Condo Cammandos.

A stand alone home owner would never be subjected to bully neighbors that want to control our property and lives, and subject owners to lawsuits (at the Association's expense) banned proxies ( they couldn't control these votes) Public redicule of anyone that does not agree with them. We have spent a lot of personal money, anger and time exploring what we can do. Basically, nothing. We feel we are living in
a dictatorship. We have no body of law enforcement to come to our aid. We are "trapped" by the illegal rulers and or forced to move.

All these actions are illegal,but,like a speeder on the road,if no one wants to give a citation, the law is of no worth.

Thanks for hearing me.

Harold, confusing isn't it? We originally had
17 buildings (#0f units in each building vary)
including common picnic area set aside by the developer for use of all the 17 buildings. As this
took place over a number of years, each bulding as it was sold became an individual Condo association
standing alone. Once the 17 buildings were occ upied an Association was formed to take care of
common property, including streets, mowing, snow plowing etc. Each building elected a representative to be on the "board". With Officers
being elected from the entire membership of 139 units.

Once the trouble became over powering, the buildings individualy withdrew from Association formed to benefit each building, remaining an individual condo unit. More buildings want to withdraw, but need some times one more unit to use the qualifying 2/3th's of the owners in the building to withdraw.

It's a real mess , thanks for responding, more questions? just e-mail me JeannieD