Maintenance of Property

Linda,

Check your governing documents. Our rules and regulations state that complaints against other homeowners must be submitted in writing by two different households. I would imagine that this was done to prevent harassment, but it has its downfalls.

However, if there is an issue that is threatening the Association's property, I cannot imagine that you being the sole "complainer" would absolve them of their fiduciary duty. I would make sure that you document your complaints and their responses to you. If they're responding verbally, I would demand a written response, and document this demand. This provides you with a paper trail if you ever need to prove that the board is shirking their fiduciary duty to the association.

I would also check into your state's civil codes governing HOAs to determine what your remedies may be. If the board is truly ignoring your requests for service, your only choices may be to get other homeowners involved and recall the board or look into legal representation, with the idea of getting an injuction forcing the board to act. I have seen some interesting suggestions on the board, however. One of the more potent suggestions is to inform your insurance carrier of this issue - or at the very least, let your board know that you intend to do this if they continue to refuse to act.

Linda,

I initially meant the insurance company that covers all of the common areas of your association - the board's lack of action is potentially creating a liability for the insurance company.

However, it may not be a bad idea to find out the exclusions of your board's D&O policy - I'm almost certain that willful breach of fiduciary duty is NOT covered, and that would potentially leave the individual directors liable. Now, I am NOT a lawyer (yet) but it would seem to me that finding out the terms of the insurance policy - both documents should be available to you as a member of the association - would be to your benefit, and I would doubt that the Board could legally prohibit you from seeing something that you pay for. This would be both policies.

I believe that this information must be available to lenders - though I don't know to what detail. And of course, especially with insurance policies, that is where the devil is found - mainly in the exclusions.

Having said that, I do not know what state you live in. I'm in CA, and there are so many HOAs here, where so many people have had problems that the state leg. has had to enact amendments to the Davis Stirling act in order to provide homeowners more protection. This includes the duty of the board to make certain documents available to homeowners. I don't know what other states have to offer as far as protection of homeowners rights.

Please also look into your state's corporations code if your HOA is incorporated. You are then considered a shareholder in the association and you have rights under the corporations code.