Problems with HOA

[knowbuddy]

I’m having ongoing problems with my HOA. They’re all nice people, but they can’t seem to get anything done. There was construction around the buildings that destroyed all the landscaping and they still haven’t replaced most of it after over a year. And the stuff they have replaced it with is a bunch of rocks that fall onto the sidewalks where it could trip people.

Then they put in a sidewalk that’s an abomination to building code. I call it the rock slide because it’s pretty badly sloped and often full of golf-ball-sized rocks.

Then there was a flood in the unit above mine caused by a common drain pipe that clogged and backed up. It’s been 5 weeks since they started the remediation and they’re still not done because they destroyed my granite counter top during the repairs. Apparently everyone on the board knows that this is an ongoing problem with the plumbing and they’ve done essentially nothing to fix it nor even warn anyone about it… let alone try and prevent the problem.

I’ve emailed a list of suggestions about how we might go about preventing this from happening again in the future and I got a nasty email back from one of the board members basically putting me in my place.

What are my options? I’m open to anything at this point.

[Hobie]

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;)

[svelte]

The 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.

[sdrealtor]

Best 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.

[Author]

Posts