REF: By-Laws

I live in Floirda 28 townhomes/units we each pay a monthly fee of $98.38. I got this unit back in 2000,we have T1-11/wood on the upper portions of the units and sides of each unit ,the buttom portion is all stucco.

We just got another management company about two years ago they did some re-pair work to a few units cost about $30,000.....Since I got my unit 2000 they never did any repair work the whole upper front portion of my unit the wood looking like crap also the frames around my windows are getting weathered, the association keeps stating they dont have enough money to fix all the units.

Plus the units where never painted they where stained a brown color...and that is the main reason why these units are not holding up that long the paint would have protected the wook more other then just staining .....again the association states there is not enough money to paint the units.

I strongly feel If your by-laws states that they are to paint or to do repairs on each unit they shold provide all these services.

If or when they do any repair work...and there is any damage inside of my walls, I told the assocaiton IM not paying forthe inside damage that they will have to pay due to there neglegence of not maintaining outsie these units the way they should have been per the by-laws.

Steve, repairs can only be done when money is available. I am not surprised that your association does not have enough money to provide "all these services" when the monthly assessment is only $98.38. As an owner of one of the 28 units I suggest you ask the Board to consider raising the monthly assessment to a level which will take care of all expenses PLUS add sufficiently to the Reserved fund each year to provide for painting and other items which are done on a multi-year basis. The alternative would be much more expense for every owner.

Steve, perhaps your association needs to replace the Board members who are not willing to seek approval to raise the assessment to a "functional level". One option is to provide in writing a notice to the Board that if they knowingly fail to perform their fiduciary duty than they can personally be held liable.

SteveC4 - Put your town home up for sale. Maybe then it will get the TLC it requires. Your board is negligent, they have a duty to maintain and replace the common elements. End of story.

The president's comment that if the HOA raises the assessment, she can't retire should be reason enough to have her removed from office IMO. She's putting her well being above the well being of the rest of the homeowners. But she is but one vote, where is the rest of the BOD? They are just as culpable IMHO as the president if they allow her to continue to dictate her ways. At the very least the BOD should remove her from being president and appoint someone willing to follow the CC&R's and the law.

Steve from your other posts I gather that you are new to the Board and I would advise you to make sure all of your votes to raise assessments or make repairs are recorded in the minutes. IMO all of the Board members who stick their head in the sand and refuse to try and correct the problem are guilty of violating their fiduciary duty. If someone sues over this, these Board members could be held personally liable and if the insurance decides that their negligence was deliberate, the D&O policy might not defend them.

If the other member's are unwilling to step up then you do have the nuclear option. You could hire an attorney to file a motion with the Court to appoint a receiver to manage the community. Now this is not for the faint of heart because if a receiver is appointed s/he will have absolute control over the HOA including the ability to make draconian increases to the assessments to pay for all of the needed repairs and the receiver's salary. Instead of $135 (which is still too low IMO) you could find assessments of $200-300 or more depending on what needs to be done but one thing is certain; ignoring the problem will only make it worse. Or if you're good at bluffing you could tell the rest of the BOD you are prepared to do this if they continue to ignore the problem.

Also wanted to mention that I suggested to the president of the assocation her and I to look at each townhome and take notes of each townhome that needs repairs, and the president of the assocation stated that it does not state in the by-laws for her as a president to go around and check each unit.

Told her we need to know exactly on each unit what repairs need to be done.....guess I will let the management know, perhaps him and I can do it.