- This topic has 3 replies, 4 voices, and was last updated 12 years, 8 months ago by sdrealtor.
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February 29, 2012 at 11:43 PM #19555March 1, 2012 at 5:05 AM #739012HobieParticipant
1. What is the financial state of the association? If there reserves are underfunded they may be trying to do these repairs out of monthly operation income hence the slow ( pay as you go ) repair on what sounds like a expensive repair.
2. File an insurance claim with your own insurance and let them fight the association for reimbursement.
3. Get a bunch of your buddies and run for the board and muster a coup. Seriously.
4. Have you been to a board meeting? Show up monthly. Meet your management. Are they competent? Often they hire incompetent ‘handyman’ type contractors for large jobs as they are the low bid. May also be getting kickback from such. Suspect this if they defend these guys and blame it on the board for picking the low bid vendor.
5. Probably it is time for an attorney letter to the association. I’d name the board members as well… just to be sure it get’s their attention;)
March 1, 2012 at 6:58 AM #739014svelteParticipantThe steps for settling a dispute with the HOA are given in the Davis-Stirling Act, which is sections 1350-1378 of the California Civil Code:
http://www.leginfo.ca.gov/calaw.html
The first step is to “meet and confer” with the board, which is an informal process and the rules can be specified by the HOA (check to see if it is in the Rules & Regs or CC&Rs). This is called an Internal Dispute Resolution (IDR).
The second step is to follow the Alternative Disupute Resolution (ADR) where you and the HOA participate in either non-binding arbitration, binding arbitration, or mediation (HOA’s choice).
HOA will probably choose mediation. The cost of ADR is split between you and the HOA.
The good thing about IDR and ADR is puts the HOA on notice that you may decide to do the third step – suing the HOA. I would consult with your attorney before doing either the IDR or ADR.
March 1, 2012 at 8:16 AM #739018sdrealtorParticipantBest option is probably to run for the HOA board so you can have direct input. If not you find someone that shares you view and support their candidacy. We had issues in my community for a while. We are a neighborhood compromised largely of families with school age children. Our board ended up with a bunch of retirees and empty nesters who no longer reflected their constituency and had different ideas. We ran them out and got a new board that is more representative and things are better.
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