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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RodaL (Illinois)
Posts: 2
Posted:
Our small HOA had new siding poorly installed 10 years ago. Water started to come into the units soon after. They paid for a licensed engineer to inspect the buildings for a lawsuit against the siding company. The siding company went out of business and the HOA got a small settlement and fixed one building in 2006. Nothing more was done because the HOA says they don't have any money, but the dues are still $100 a month, the same as 2006.

I bought in 2006, not knowing of course of the problems. I complained of the problems but I was told to caulk, so I did. Water penetration was so bad it came thru the drywall and flooded the kitchen. I now rent the place out. The tenant's child almost fell from the 2nd story sliding glass doors to no where when the railing fell off the building. I got a building permit and fixed the place my self.

I had to replace the rim joist and other structural framing along with the sheathing. I resided with a siding closely resembling the one re sided building. They aren't happy with it. They say I should have shown them more respect by stopping the siding half way.

To complicate the matter, I replaced the 2nd story sliding doors to nowhere with windows matching the front of the house. I didn't feel with the board's maintenance record that a railing would be inspected or maintained. I was very fearful of liability. The board's position is I should have repaired where the too short railing attached to the building and replaced the railing. I should install and interior barrier to the bedrooms to prevent children from opening the SGD, which are the only emergency egress for the rooms. I should take responsiblity to inspect the railing and do any future repairs.

The covenants state the HOA is responsible for all the exterior of the buildings.

When does the HOA board's severe neglect cause them to lose their control? They shirk their responsiblity to the point of danger, and they still don't see the problems.
SheliaH (Indiana)
Posts: 6,964
Posted:
I feel for you and I fear you will eventually need an attorney to straighten all of this out. The covenants may say the Association is responsible the building exterior, but I would think they would specify which parts, so take a look and see what they say. For instance, my HOA consists of townhouses,and our CCRs state the Association is responsible for the building structures, but homeowners are responsible for doors and windows. If the Association is responsible for railings and siding doors, it would appear they owe you a refund.

Yes, your board has probably has been in a state of denial over what's happening in the building, but then we must ask about your neighbors. Didn't ANYONE ask how the money's been spent and why fees haven't gone up although everything else hase??? Don't they realize a reserve study is needed to determine if $100 will be enough to pay for major repairs down the road? Do they even know what a reserve study is??

While you're working to get things settled with your unit, I think you'll want to have a "come to Jesus meeting" with your neighbors. It's possible they may have the same or worse problems as you and if there's no money, you're looking at a special assessment of hundreds or thousands of dollars to fix them. To turn things around, it may be time to elect a new board that's willing to make the decisions that need to be made - like increasing fees.
Of course, everyone likes "low" assessments, but if you look around on this website, you'll find dozens of threads where HOAs have found out the hard way that those low fees don't keep up with inflation and are worthless when you have expensive repairs.

And for everyone else who is considering purchasing a home, whether in a HOA or anywhere else - THIS is why you get a home inspector to check out the property before you buy. Granted, some things might not get caught, but the inspector could ask questions about the upkeep that you may not think of or know to ask - if the seller starts to hem and haw, evade or clam up altogether proceed with caution. Better yet, run away and don't look back.

Keep us posted on your progress and good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RodaL (Illinois)
Posts: 2
Posted:
The HOA is in charge of all exterior except for the glass surfaces.

I went to meetings and expressed my concerns. I stood in the courtyard and talked with neighbors. Any rational person who gets on the board leaves in a year because of how impossible it is to talk to the others. I gave in to the same apathy of the other residents. Smart people during better real estate times just sold quickly and moved on. I bought from a 26 year resident who was a board member. She lied, not providing full disclosure and I'm in a lawsuit with her. She has the same ideas as the current board...do nothing.

When the safety of a child was in danger I realized it was all on me to protect myself. The best part is the 3 board members believe the water damage to the units are the homeowners responsibility, even tho it was caused by a faulty exterior. Still they do nothing. The president actually rebuilt her interior, leaving the exterior in it's disrepair.

My question is, When does the homeowners rights to a dry home overide the board's priveledge of control?

SheliaH (Indiana)
Posts: 6,964
Posted:
You do have a right to a dry home and it's a shame the board doesn't recognize that. Unfortunately, unless and until your neighbors band together and demand change (including voting out the current board, since it appears they don't give a rat's behind), nothing will change and your home will become a money pit, if it isn't heading in that direction already.

Surely, your neighbors have some opinion on this issue - if they've been there longer than you, they know the exterior has problems. Is this an issue of "yeah, I know it's a problem, but it's not my problem?" or something else? What did they say when you talked to them?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
You do have a right to a dry home and it's a shame the board doesn't recognize that. Unfortunately, unless and until your neighbors band together and demand change (including voting out the current board, since it appears they don't give a rat's behind), nothing will change and your home will become a money pit, if it isn't heading in that direction already.

Surely, your neighbors have some opinion on this issue - if they've been there longer than you, they know the exterior has problems. Is this an issue of "yeah, I know it's a problem, but it's not my problem?" or something else? What did they say when you talked to them?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DanielH1 (California)
Posts: 482
Posted:
To answer your original question, never, really.

Unless your HOA (including you!) votes the Board out or takes them to court and wins, your Board is legally in charge.

I know it is frustrating but no amount of neglect allows you to take matters into your own hands.

🎯 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