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Ah, the "joys" of living in a small condo building. It consists of three units, all owner-occupied.
I'm by far the veteran of the bunch, having moved in back in 1992. The current owners of the other apartments joined me in 2003 and 2005, respectively.
Both of the two units besides mine are now on their third owners since I arrived. For the first time there's never been drama between the other people. (I was perpetually the neutral party between the warring factions previously. ) However, I'd almost prefer skirmishing neighbors over the cordial and even friendly relationships all of us have enjoyed for the past nine years. Reason being, the house's physical plant as well as the building itself are starting to fall apart. Prior to this the other tenants might not have gotten along, but we rose above that and GOT THINGS DONE. Now exterior shingles are working loose and falling, the concrete front steps are a crumbling mess, the back porches could be more structurally sound (if not replaced outright), the electrical system sorely needs updating, a large portion of the basement floor stays damp, on and on the litany goes.
One of the other owners jealously guards the books, but I have no suspicion of there being any kind of financial shenanigans. We all pay our fees into an association account and the money stays there - which is where the issue lies. Liability insurance and the water/sewer bills are consistently covered. But the remainder of the funds sits there drawing laughable interest instead of being put to good use. Over and over my pleas for an HOA meeting fall on deaf ears. We haven't gotten together for business purposes in probably five years. The other people apparently have no concern about what could happen if the steps give way under a visitor's feet or a shingle falls three stories onto the head of a passerby. Similarly, they don't seem to care that this house is by far the most rundown-looking on the block (though this is literally a superficial matter.) Property taxes here are so low that the higher assessed values which would result from the building's looking halfway decent are no excuse for not addressing the problems at hand.
In advance of suggestions that I underwrite at least the most urgent projects and deduct my share of the costs from the condo fees - I'm not in a financial position to do so.
Thanks for all the good "been there" words I know I can count on, on C-D.
There are state offices that oversee HOAs you may want to contact them and investigate. But that should be a last resort. I know in a HOA you must have meeting hours and account got all the money. I own some properties in HOA and my wife is on one of the boards. They have to have two people on the board sign any checks AND the books can be viewed and audited at any time at the property management office with notice.
Since you haven't seen the books you have no idea what is going on. Where is the property management company? A HOA has to have a PMC.
NOT TRUE. An HOA can be self managed. And many are.
I don't know the answer to the OP's issues, but I can say that this was exactly why we didn't buy a beautiful condo in Florida for a great price. The building had only 6 units and that way too much of a risk for us.
Good luck. I'll be interested to read what others who have dealt with similar issues suggest.
One of the other owners jealously guards the books, but I have no suspicion of there being any kind of financial shenanigans. We all pay our fees into an association account and the money stays there - which is where the issue lies.
I think this is a mistake to assume a fellow owner who will not let you see the books isn't doing anything funny, unless you are at least seeing bank statements and know for a fact the money is sitting there. If not, I'd start with demanding access. Once you are sure that the funds are intact, then you can start pursuing a course of action to have reasonable maintenance taken care of.
I personally would seek legal advice. There are obligations such as annual meetings that are a requirement, even if you are a small, self managed association. An attorney familiar with the laws in your area can help you determine the appropriate course of action.
So is it still a corporation? You can usually look up corporations online. I believe all HOAs however tiny are supposed to be corporations. If yours hasn't paid the annual fee and has been purged...that could be a sign right there. There are laws for hoas and corporations that you might look into.
There are obligations such as annual meetings that are a requirement, even if you are a small, self managed association. An attorney familiar with the laws in your area can help you determine the appropriate course of action.
Start with a review of the Bylaws. I am 99.9999% certain that they contain a requirement for an annual meeting. If not, there is probably a state requirement that the HOA holds at least an annual meeting. That should at least get them to hold the annual meeting.
After that, there are probably either requirements in the bylaws or in state code that contain language about maintaining the health and safety, and also the habitability of the property. However, those are much more subjective determinations, and determining those will be a more drawn out process. Perhaps the bylaws or the state HOA regulations offer the alternative of an arbitration process which would be quicker and less costly, and less of a call to arms than filing an actual lawsuit against your fellow HOA members.
Your story is almost exactly the same as my brother-in-laws. Then a fire broke out in the top unit. All three units had significant damage. The have all been displaced from their homes since March. Please make sure the insurance on the structure (as well as your individual unit) is active at all times. Liability insurance is not enough.
I will never own a unit in a similar arrangement. Too many headaches.
NOT TRUE. An HOA can be self managed. And many are.
I don't know the answer to the OP's issues, but I can say that this was exactly why we didn't buy a beautiful condo in Florida for a great price. The building had only 6 units and that way too much of a risk for us.
Good luck. I'll be interested to read what others who have dealt with similar issues suggest.
I've never come across a HOA that did not have a PMC. Granted that doesn't mean its not possible. But none of the houses I own that have HOAs are self managed. Nobody I know who lives in a HOA is self managed. Those are some huge liabilities. And not getting monthly statements of financials would be a HUGE red flag. I doubled be looking into seeing a lawyer to get a look at those books. There is NO reason to not show the books to the other HOA members
What's happening here is a great example why a HOA should have a PMC. How do you know your neighbor isn't paying for his personal stuff with association money?
I know someone whom everyone thought had money. He was in a position to have money. He kept it to himself. But those close to him knew that it would always be there should they need it in an emergency. Emergency time came for a young couple in the family. They went to uncle for help...not a big amount...and uncle said he'd write a check. They said, "cashier's check of course". Uncle said he couldn't do it. Better look somewhere else.
In other words, not only did he not have the money at all but he was prepared to write a bad check for it. This just happened yesterday to someone I know.
Better check that person holding on tight acting like he has the money. He may not.
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