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I appreciate your interest in finding out what others like/dislike/would like to see with their HOA.
Something I thought of last month that I would like to see is reminders of trash/recycling holiday schedules. For instance, the City of Durham recently changed their holiday pick-up schedule, and we somehow missed the announcement in the newspaper, so for Labor Day week we missed the trash and recycling pick-up.
And although some homeowners get tired of being notified of rule violations, what else do you do? In our neighborhood, particularly my cul-de-sac and nearby, homes run from mid-to-upper $300s to $500. What I don't understand is why anyone would spend that much money on a house and NOT maintain their yard. Most of the neighbors do mow the lawn and keep weeds in check. A few yards, however, have become eyesores... I'm sure they have received letters from the HOA, but without any change in lawn maintenance. Again I ask, why spend that much money on a home if you do not want to maintain your yard?
Thanks for the information. I have tried posting some city/ municipality reminders but then some board members don't like it. They have a valid point about wasting time and money publishing things the city is already publishing / putting on their website. I don't mind either way- I do whatever the board feels is best.
About the yards, I hear ya. My neighborhood too. It happens everywhere. Some people will ignore letters, fines, etc.
I think it is very important for the HOA Management company to be very transparent on how dues are used and where the money goes. I am on the HOA board in my neighborhood and find the financials difficult to follow and we are only talking about 65 homes at $142/yr.
My neighborhoods HOA is very "hands off" but they need to do a better job educating the residents how their money is spent.
I fully agree with your comments about 'hands off' and 'financial transparency'. My HOA only provides details of the financials to the 4 or 5 homeowners out of 120 who bother to attend the AGM, and maybe, they actually encourage the 'apathy' that exists as it suits their agenda.
When I complain to the Management Company the answer is that it is a Board decision not to circulate the financial report. This year we did not even receive a copy of the Budget which is a requirement detailed in the HOA rules.
I fully agree with your comments about 'hands off' and 'financial transparency'. My HOA only provides details of the financials to the 4 or 5 homeowners out of 120 who bother to attend the AGM, and maybe, they actually encourage the 'apathy' that exists as it suits their agenda.
When I complain to the Management Company the answer is that it is a Board decision not to circulate the financial report. This year we did not even receive a copy of the Budget which is a requirement detailed in the HOA rules.
If the AGM turnout is so low why don't you solicit support from a handful of neighbors and get yourself elected to the Board and change the way the HOA operates. That way you can ensure the financial statements are sent to homeowners and improve the transparency like NRG says. The reality is that most people don't have time or inclination to get involved and just pay the HOA fees.
This year we did not even receive a copy of the Budget which is a requirement detailed in the HOA rules.
Was your community incorporated after 1999? If so, there is a state law (NC Planned Community Act) that requires that the budget not only be sent out before the end of the year, but that a meeting will also be held to ratify the budget. At this meeting, the owners will have a chance to ask questions about the budget. If more than 50% of the owners show up in opposition to the budget, it is not ratified (in which case, you revert to the prior year's budget until a new budget can be ratified).
If your board doesn't know about the rule, your management company should advise them of this, because they are leaving themselves open to liability.
My HOA only provides details of the financials to the 4 or 5 homeowners out of 120 who bother to attend the AGM.
Submit a letter to the board and the management company stating that you request to see the full financials, including balance sheet and general ledger. Give two dates/times that you will make yourself available to go to the office to view them (make the dates about two weeks in the future). They do not have the legal right to keep this information from you. If they deny your request, send their response to an attorney along with your original request. If they ignore your request, show up on your scheduled date.
Submit a letter to the board and the management company stating that you request to see the full financials, including balance sheet and general ledger. Give two dates/times that you will make yourself available to go to the office to view them (make the dates about two weeks in the future). They do not have the legal right to keep this information from you. If they deny your request, send their response to an attorney along with your original request. If they ignore your request, show up on your scheduled date.
Thanks for your helpful comments which are appreciated. The Management Company have emailed me a copy of the Financial Report that was presented to the residents who attended the AGM, but not the balance sheet. The problem is that the management company is located in Charlotte so would I have to go to there to get full access? or are they required to make the information available locally?
One further question, do you know if any failure to comply with the provisions of the NC Planned Community Act can be registered with the State rather than going to an Attorney as I don't want to waste money (as well as time) in dealing with these people. Any information would be gratefully received.
I have heard the horror stories from friends who live in neighborhoods that have HOAs.
You Can't have a shed, You can't have a kiddie pool in the backyard, You can't have this or that kind of fence, unauthorized "types" of plants or yard decorations, No boats, only allowed 2 cars, fines if you don't cut your grass...yadda yadda.
And you have to pay monthly for this annoyance??
The worst was the friend who was told the blowup (temporary) kiddie pool had to be removed within 2 days or he would face fines. He had toddlers for crying out loud. HOA justification was there was a "community" pool, therefore you are NOT allowed to have your own, even a kiddie pool.
I own my house, we live in a nice neighborhood. No one has trash in the yard, and we don't have any nazis running around telling us our christmas decorations are in violation.
you can keep your HOA's. No one tells me what I can or can't do with my own property!
Last edited by Green Irish Eyes; 12-25-2009 at 08:56 AM..
Reason: Language
Thanks for your helpful comments which are appreciated. The Management Company have emailed me a copy of the Financial Report that was presented to the residents who attended the AGM, but not the balance sheet. The problem is that the management company is located in Charlotte so would I have to go to there to get full access? or are they required to make the information available locally?
One further question, do you know if any failure to comply with the provisions of the NC Planned Community Act can be registered with the State rather than going to an Attorney as I don't want to waste money (as well as time) in dealing with these people. Any information would be gratefully received.
I don't know if they have to make it available locally. Any management company should - we email ours or mail them if they people don't have e-mail. There is nowhere that I know of to complain. Maybe in your letter you could state that they have to share the information with you as per the Planned Community Act and the NC Non-Profit Corporation Act. Tell them if they do not by _____ (a date about 30 days in the future) that you will be having your attorney contact them. Hopefully it will get them to contact their attorney, who will surely tell them they are in violation of the act. That way you can get it done without spending money for an attorney unless they don't follow up.
I don't know if they have to make it available locally. Any management company should - we email ours or mail them if they people don't have e-mail. There is nowhere that I know of to complain. Maybe in your letter you could state that they have to share the information with you as per the Planned Community Act and the NC Non-Profit Corporation Act. Tell them if they do not by _____ (a date about 30 days in the future) that you will be having your attorney contact them. Hopefully it will get them to contact their attorney, who will surely tell them they are in violation of the act. That way you can get it done without spending money for an attorney unless they don't follow up.
It makes it difficult for ordinary folk to invoke the rules if there is no State enforcement process other than an individual having to cover the cost of hiring an Attorney. Especially so when the HOA is a subsidiary of a large Builder which has access to in-house legal counsel to 'bully' their way throught the law.
An example is that the Board failed to communicate the outcome of the recent Election within the prescribed 30 day period as required by the NC Planned Community Act; so having informed them of the non compliance they just updated the web site today with the relevant information abeit 12 days late. One could ask the question does it matter? not really other than it demonstrates that they don't care and will do what they plan to do despite anyone else's opinion.
Maybe there are some of the Realtor community on this forum who has some suggestions regarding what action can be taken to get better satisfaction without incurring Attorney expenses. There surely must be some Enforcement Office to support the legislation?
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