StaceyJ
Posts: 2
Posts: 2
Posted:
I have provided detailed background, and therefore this has become lengthy but hopefully information has been provided so I can get your help.
I have lived in my home since the beginning of March this year. The neighborhood was built about 10 years ago and has not been turned over to the owners yet. There are 62 houses, which were all rentals to begin with, but the HOA was established after completion of the houses in January 1996. As far as I can tell about 30 houses have been sold. I was not given any information about the HOA after I moved in and the CC&Rs and By-Laws were given to me two days before signing my loan documents. I did not realize what a mess I was getting into by purchasing in this neighborhood. While reviewing my purchase agreement, I discovered the portion of the form regarding contact information for the HOA was not completed. I actually only found out who to contact by talking to a maintenance person who was completing the repairs on my home after move in.
I made two phone calls to request information in March and in April. I was told there was no board, no architectural committee and that it might be 8 to 24 months before turnover took place. I was not sure what position the person who gave me this had so I sent a two page letter in May and finally sent a certified letter to the agent and also to the office of the administrative company that handles the HOA in early August. I asked for contact information regarding vehicle parking issues, trash and basic enforcement, the last two year's budget, breakdown of fees, director's names, names of current owners and the estimated date of turned over. I received a response in early September from the President of the association. The budget called a "report of expenses", was what I thought vague and an invoice attached appeared to be requiring me to pay dues for 2006 even though I had been told by my sales agent that the fees had been paid by the seller and I wouldn't have to pay for 2006. The title company did not have the annual fee on the settlement statement at all. I was given contact people for the issues I addressed and told that they did not have the names of the owners and the turnover "can be done at any time".
After reading the statutes in Oregon regarding "private" neighborhoods and Homeowner's Associations, the CC&Rs, By-Laws and information provided on your website, I decided that perhaps I hadn't asked for the financial information I really wanted and should ask for other items such as insurance coverage. I wrote a second letter in early September, requesting specific information and included the exact language from the law, CC&Rs and By-laws so that it would be known exactly what I was requesting. This time I requested "financial statements that consists of a balance sheet and an income and expense statement" for the last two years. Oregon law indicates that the financial statement as described be distributed to each owner annually. I asked for evidence of insurance coverage, the financial institution name in which the annual assessments and other funds are held, documents showing "non-profit" status, a requirement by Oregon law for homeownerâs associations, minutes of the last two annual meetings and the tax return preparerâs name, and again the estimated date of turnover.
I received a second response from the secretary of the HOA two days ago. I was told in-depth financial information is for the board, not homeowners, and the report of expenses was all that I would be provided. Same for the insurance and tax return data. I also received the "minutes" for the last two annual meetings. Both were half page long, vague and as if made up to satisfy my request. I have belonged to boards before and never have I seen minutes like these. The minutes indicate the turnover was addressed at the January 2006 meeting stating 2007 turnover was hopeful during the annual meeting next January. So why couldn't the president tell me this in the first letter?
I was told that the title company made an error and that I should have paid pro-rated fees and the statement was only to show me the amount. I am to be billed for 2007 and to pay by January. There was a cover letter attached to the statement and it did not state it was for reference only and that the title company erred. A friend of mine also lives here and she received the same statement showing payment due.
I have been given different answers to the same question and provided no or almost no information to other questions. Additionally, I was told that any further questions and/or concerns should be held for the next annual meeting.
Here are my questions. How much of the information I have requested should be provided to me or other homeowners when requested or only at the annual meeting? Does it sound like this administrative body is hiding financial data or not keeping records separately for this HOA? Is $25 a month budgeted for insurance enough to cover a policy that should be in place? What should I do next?
I have lived in my home since the beginning of March this year. The neighborhood was built about 10 years ago and has not been turned over to the owners yet. There are 62 houses, which were all rentals to begin with, but the HOA was established after completion of the houses in January 1996. As far as I can tell about 30 houses have been sold. I was not given any information about the HOA after I moved in and the CC&Rs and By-Laws were given to me two days before signing my loan documents. I did not realize what a mess I was getting into by purchasing in this neighborhood. While reviewing my purchase agreement, I discovered the portion of the form regarding contact information for the HOA was not completed. I actually only found out who to contact by talking to a maintenance person who was completing the repairs on my home after move in.
I made two phone calls to request information in March and in April. I was told there was no board, no architectural committee and that it might be 8 to 24 months before turnover took place. I was not sure what position the person who gave me this had so I sent a two page letter in May and finally sent a certified letter to the agent and also to the office of the administrative company that handles the HOA in early August. I asked for contact information regarding vehicle parking issues, trash and basic enforcement, the last two year's budget, breakdown of fees, director's names, names of current owners and the estimated date of turned over. I received a response in early September from the President of the association. The budget called a "report of expenses", was what I thought vague and an invoice attached appeared to be requiring me to pay dues for 2006 even though I had been told by my sales agent that the fees had been paid by the seller and I wouldn't have to pay for 2006. The title company did not have the annual fee on the settlement statement at all. I was given contact people for the issues I addressed and told that they did not have the names of the owners and the turnover "can be done at any time".
After reading the statutes in Oregon regarding "private" neighborhoods and Homeowner's Associations, the CC&Rs, By-Laws and information provided on your website, I decided that perhaps I hadn't asked for the financial information I really wanted and should ask for other items such as insurance coverage. I wrote a second letter in early September, requesting specific information and included the exact language from the law, CC&Rs and By-laws so that it would be known exactly what I was requesting. This time I requested "financial statements that consists of a balance sheet and an income and expense statement" for the last two years. Oregon law indicates that the financial statement as described be distributed to each owner annually. I asked for evidence of insurance coverage, the financial institution name in which the annual assessments and other funds are held, documents showing "non-profit" status, a requirement by Oregon law for homeownerâs associations, minutes of the last two annual meetings and the tax return preparerâs name, and again the estimated date of turnover.
I received a second response from the secretary of the HOA two days ago. I was told in-depth financial information is for the board, not homeowners, and the report of expenses was all that I would be provided. Same for the insurance and tax return data. I also received the "minutes" for the last two annual meetings. Both were half page long, vague and as if made up to satisfy my request. I have belonged to boards before and never have I seen minutes like these. The minutes indicate the turnover was addressed at the January 2006 meeting stating 2007 turnover was hopeful during the annual meeting next January. So why couldn't the president tell me this in the first letter?
I was told that the title company made an error and that I should have paid pro-rated fees and the statement was only to show me the amount. I am to be billed for 2007 and to pay by January. There was a cover letter attached to the statement and it did not state it was for reference only and that the title company erred. A friend of mine also lives here and she received the same statement showing payment due.
I have been given different answers to the same question and provided no or almost no information to other questions. Additionally, I was told that any further questions and/or concerns should be held for the next annual meeting.
Here are my questions. How much of the information I have requested should be provided to me or other homeowners when requested or only at the annual meeting? Does it sound like this administrative body is hiding financial data or not keeping records separately for this HOA? Is $25 a month budgeted for insurance enough to cover a policy that should be in place? What should I do next?