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LesleyL (Texas)
Posts: 10
Posted:
We are having our annual HOA meeting tomorrow night, where I am planning on running for the board - with no real problems of getting on. We are a small 36 unit condo assn.

Our problem? We started collecting an assessment about 2 yrs ago to replace siding with Hardee Board. Nothing has been done - we have been assessed with no action. In the meantime, our siding has gone from bad to worse - and, of course, the cost has gone up.

In addition to that, at some point we are going to have to have a new roof. If we wait too long, we are going to have to do both at the same time.

There are 5 board members - one is with me, the other three don't want to spend the money and are afraid they are not going to make the right choice. They would rather do nothing and keep discussing it over and over again.

Is there a way to force them to do the work? This is, of course, assuming that the three remain. One, the president is not up for election - and neither is the girl on my side. The other two were appointed by the President when two members sold.

It's beyond frustrating. I don't want to sell my condo, but if we don't replace it the property value will go down and we might have bigger problems like leaks, etc.

SO frustrated!
RogerB (Colorado)
Posts: 5,067
Posted:
Lesley, you could do research on siding and have presentations of the best options presented by three companies at a Board meeting. Perhaps that will help the others make a decision.
BrianB (California)
Posts: 2,820
Posted:
It wouldn't hurt to remind the previous board, and the new board, that as board members, they have a fiduciary responsibility to keep the association in good standing. This means that if they took money for one purpose, they better spend it on that purpose. otherwise, it's fraud, and potentially theft.

second, they have a responsibility to make sure the hoa maintains its' obligations, and any common areas maintain their value, within reason. If they fail to do this, they could be guilty of criminal or civil actions.

So basically, yes, there are penalties for doing nothing when you are obligated to do a job.

JosephW (Michigan)
Posts: 882
Posted:
There is some potential liability in not taking care of the common areas. The board should be aware that they are treading on risky ground by not taking the appropriate action to remdedy the problem. If they don't feel they have the knowledge to make a good decision, then it is their responsiblity to seek that knowledge outside the association, a licensed engineer or architect, to help them. Show them this article:

http://www.caimichigan.org/articles/so_what_if_you_don.htm

Joe

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LesleyL (Texas)
Posts: 10
Posted:
I guess I should have. I have been going to the board meetings for about the past month, but it wasn't until late Thursday night that they started talking about ditching the siding project all together.

If we can't afford the Hardee board siding, then we might have to go with something else - which they do not want to do. I'd rather have a less expensive siding than what we have, which is literally falling off. Our property manager wasn't kidding when he said running an HOA is like running a business.

Maybe I can run up to Home Depot or something and talk to someone about other options that might work. I doubt I would get a contractor on such short notice to give me that kind of info.
HaroldS (Arizona)
Posts: 906
Posted:
Lesley - do a Google search for Hardee Board and you will get more than enough information to take to your meeting tomorrow. They claim it is termite amd moisture proof. In any event, if your board has been collecting a special assesssment with Hardee Board mentioned in the assessment, I would think they are obligated to use those funds for that purpose or return them. If you don't have enough collected to do it now, you could get a loan and pay off the loan with future collections from that assessment. The longer you wait, the more expensive it will become. Harold
LesleyL (Texas)
Posts: 10
Posted:
Harold - my point exactly. At the start, it was going to be $70K, now (almost 2 yrs later) it is going to be $100. I am not sure we have enough for the loan and to maintain a reserve and do it...or at least that is the fear. I think it will be fine - but the current board does not want an aggressive budget. They want to wait at least another year - which would probably prompt me to sell. If they keep putting it off, our property value is going to go down.

LesleyL (Texas)
Posts: 10
Posted:
Well, all for not. I was shut out of the board. They asked our mgmt co rep to leave before the meeting even started, told everyone what a great job they are doing, held the votes - and then went over the business. So, I guess I will probably be selling the condo that I love - because I see no way that our HOA is not going to go bankrupt within the next couple of years...and nothing will be done to keep up the property.

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