JuliusC (Ohio)
Posts: 5
Posts: 5
Posted:
Hello All,
I'm seeking some advice after many attempts to solve shared concerns in our community. The next step is small claims court and legal actions thereafter, if necessary.
First allow me to provide a general layout of our community. We reside in a subdivision community comprised of two separate phases of homes that were built a couple of blocks apart from each other. Phase I (25 units) and Phase 2 (48).
For several years now, homeowners (of phase 2) were paying HOA annual fees only to realize that the bulk of their fees were paying for the maintenance (entrance sign and undeveloped acres) of the other smaller phase I community. They were essentially paying for street lights, insurance, and the compensation of the administrative board member. It was also determined that the 67 foot acres that the phase 2 occupants do have, was being mostly mowed by the homeowner who reside next to it, but paying for it's maintenance. Additionally, the companies hired were being paid a high amount to care for the sliver of land, and was not actually being monitored thus resulting in a poor performance by these hired companies.
Since, these phase 2 homeowners have complained, but getting no results, including 3 years of their street lights not being on. The board members that live in the phase (whom lights were on in the area/street they reside on) said they didn't know, and were never told. THis is inaccurate. However, as of 2 weeks ago, they finally fixed these light after documented request was sent to them and copied to the community by one of the homeowners a year ago to fix the lights.
SOme of the other issues:
1. A request for viewing records and statements have been denied and it was communicated that it would cost $50.00 an hour for such recored to be accessed and copied.
2. One of the board members has been witnessed on multiple occassions yelling at some of these phase 2 homeowners in board meetings including the use of expletives, threatening tone, and asking specific homeowners during these meetings if they're going to pay they're fees. Addionally, reference some homeowners disrespectful labels.
3. It has been determined that secret HOA meetings were being held with the smaller phase I community, whom currently benefit the most from the current HOA structure, put contribute less in terms of homeowner's paying into the HOA. This recently has surfaced the HOA trying to build support from this phase to undermine and gain protection/support against disputes being made by the other phase homeowners.
4. The HOA has now pointed our that over a dozen of the phase 2 homeowners has now stopped paying (and some have not paid in years) their fees in HOA meetings which few attend, due to being so disengaged by their HOA.
5. Two of the phase II homeowners has now walked house to house apparently comprising pages of signatures from homeowners whose concerns has gone ignored and unaddressed.
6. For years until recently, there was no funds in the reserve account, and no one knows what happened to it.
7. There seems to be an attempt to currently turn the phases against each other, and the homeowners who started the collecting of signatures.
8. The developers, builders and the HOA adm has public knowledge records of being involved in negligent activity.
It is a mess and getting worse. There's much more than what has been provided above. Simply tryin to utilize all resources before initiating more aggressive solutions.
Please note that the option to simply move is not an option for most, especially in this economy. . That comes across to me honest and personally as a cop out, and allowing unacceptable HOA transgressions to go unabated, oppose to holding the HOA accountable to it's obligations and laws. This obviously is not what these homeowners signed up for or agreed to via the HOA contract at purchase (which some were not made aware).
Thanks for your time reviewing this somewhat lengthing post, but it was necessary.
I'm seeking some advice after many attempts to solve shared concerns in our community. The next step is small claims court and legal actions thereafter, if necessary.
First allow me to provide a general layout of our community. We reside in a subdivision community comprised of two separate phases of homes that were built a couple of blocks apart from each other. Phase I (25 units) and Phase 2 (48).
For several years now, homeowners (of phase 2) were paying HOA annual fees only to realize that the bulk of their fees were paying for the maintenance (entrance sign and undeveloped acres) of the other smaller phase I community. They were essentially paying for street lights, insurance, and the compensation of the administrative board member. It was also determined that the 67 foot acres that the phase 2 occupants do have, was being mostly mowed by the homeowner who reside next to it, but paying for it's maintenance. Additionally, the companies hired were being paid a high amount to care for the sliver of land, and was not actually being monitored thus resulting in a poor performance by these hired companies.
Since, these phase 2 homeowners have complained, but getting no results, including 3 years of their street lights not being on. The board members that live in the phase (whom lights were on in the area/street they reside on) said they didn't know, and were never told. THis is inaccurate. However, as of 2 weeks ago, they finally fixed these light after documented request was sent to them and copied to the community by one of the homeowners a year ago to fix the lights.
SOme of the other issues:
1. A request for viewing records and statements have been denied and it was communicated that it would cost $50.00 an hour for such recored to be accessed and copied.
2. One of the board members has been witnessed on multiple occassions yelling at some of these phase 2 homeowners in board meetings including the use of expletives, threatening tone, and asking specific homeowners during these meetings if they're going to pay they're fees. Addionally, reference some homeowners disrespectful labels.
3. It has been determined that secret HOA meetings were being held with the smaller phase I community, whom currently benefit the most from the current HOA structure, put contribute less in terms of homeowner's paying into the HOA. This recently has surfaced the HOA trying to build support from this phase to undermine and gain protection/support against disputes being made by the other phase homeowners.
4. The HOA has now pointed our that over a dozen of the phase 2 homeowners has now stopped paying (and some have not paid in years) their fees in HOA meetings which few attend, due to being so disengaged by their HOA.
5. Two of the phase II homeowners has now walked house to house apparently comprising pages of signatures from homeowners whose concerns has gone ignored and unaddressed.
6. For years until recently, there was no funds in the reserve account, and no one knows what happened to it.
7. There seems to be an attempt to currently turn the phases against each other, and the homeowners who started the collecting of signatures.
8. The developers, builders and the HOA adm has public knowledge records of being involved in negligent activity.
It is a mess and getting worse. There's much more than what has been provided above. Simply tryin to utilize all resources before initiating more aggressive solutions.
Please note that the option to simply move is not an option for most, especially in this economy. . That comes across to me honest and personally as a cop out, and allowing unacceptable HOA transgressions to go unabated, oppose to holding the HOA accountable to it's obligations and laws. This obviously is not what these homeowners signed up for or agreed to via the HOA contract at purchase (which some were not made aware).
Thanks for your time reviewing this somewhat lengthing post, but it was necessary.