Advice Regarding HOA Community Issues

[Avalon08]

Originally Posted by 20yrsinBranson

The HOA does not have the power to unilaterally make agreements with the water company unless it is specifically stated as such in the Bylaws, and or CC&Rs of the property.

The board needs to call a general meeting of all of the members and put this to a vote. The HOA is not in charge of the subdivision, the HOA works for the residents and they have the final say in all this.

20yrsinBranson

If that were true, nothing would ever get done in an HOA. An HOA Board has the authority to enter into contracts without putting it out to a resident vote. That's why the residents have elected them to the Board.

As for the original question, if the finances are in such bad shape (unpaid bills???), I don't see how you will be able to reduce fees until your budget is straightened out. Granted, you should not be using the water funds to pay other bills, but what other choice do you have? It sounds like a fee increase might be in their future, anyway, or like someone else said, a special assessment to get the reserves to an adequate level. If I were a resident, I would expect a decrease and I would certainly want to know how the HOA landed in this predicament to begin with. If it's because owners aren't paying their fees, how will that situation be resolved?

[cully]

How about a senior advocate...or any kind of advocate...attorney who would negotiate for free. Just the thought of an attorney can make the other side perk up or take things more seriously and really work to make things happen in a more favorable way.

In addition, there is the positive aspect that can help residents feel better that with water meters this will not be able to happen again. The people that don't pay, get only their water shut off.

Another thing that can help people feel they are moving forward is to see if there are any good people who can form that board and not sluggards who let things go this far.

Another thing is generally board individuals can't be sued but the board that represents the corporation can be. See what you can do.

I don't know about corporations and suing in small claims and what your limit is in small claims court but you might look into it.

Publicity can be a very good thing. Sometimes, the culprits feel ashamed and make some sort of adjustments, though not always.

Can these things be stated simply...no adjectives, just the facts....in a flyer, newsletter to all residents? Mention the elderly on fixed incomes. Some who are not among the elderly on fixed incomes may decide to contribute more to the cause...or may be attorneys or whatever other profession you may need. Stranger things have happened.

Is anyone on staff at the hoa office? Being paid? Can the board let them go? Is there anyone else, perhaps among the general population in the community, who is, say, a retired bookkeeper or accountant who can volunteer this position? But you don't want to cut of the nose to spite the face.

[LynnHarris]

All of you have brought up some good questions and have provided some good advice. I plan to incorporate some of your suggestions at the next meeting.