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Subject: HOA decided to no longer pay for limited common areas. Help with CCR interpretation.
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TylerK1
(Colorado)

Posts:10


07/30/2019 10:12 AM  
Hello All,

Our HOA in Colorado decided to make owners pay for maintenance/repairs to limited common areas they had previously covered (decks, patios, etc.). They did this without amending the declarations, but just by board vote. Here are the quoted relevant sections of the declarations of CCR:

Section 5-1a outlines the responsibilities of the HOA

"MAINTENANCE
Section 5.1 Association Maintenance Association shall provide such maintenance and repair in a first class condition as follows: (a) Paint, repair, replace, maintain and care for roofs, gutters, downspouts, driveways, and exterior building surfaces, including without limitation, decks, fences, and patios of the Townhomes, but excluding glass surfaces, exterior light bulbs, doors (except for the Association's repainting of the exterior surface of doors, if applicable), screens and windows, all of which shall be each Owner's responsibility unless otherwise determined in writing by the Association's Board of Directors. An Owner shall not paint or change the appearance of the exterior of his Townhome without the prior written approval of the Board. The Association shall paint or re-stain the exterior of all Townhomes as often as necessary to keep such exterior attractive and in good repair."

Section 4-15 talks about "Individual Purpose Assessment"

"Section 4.15 Individual Purpose Assessment.
Any Common Expenses or portion thereof benefiting fewer than all of the Lots may be assessed by the Board exclusively against the Lots benefited as an As an example, but not by way Of limitation, the costs of maintenance, repair and replacement of optional exterior upgrades to a Townhome (such as a pergola) shall be assessed against that particular Lot as an Individual Purpose Assessment. At the Board's discretion, the Association may levy such Individual Purpose Assessment as a contingency reserve (thereby increasing such Lot's Annual Assessment) to provide for the future maintenance, repair and replacement of such upgrade items (so long as those reserve funds are segregated from the general reserve funds), and/or the Association may 19 levy the Individual Purpose Assessment as a Special Assessment against the applicable Lot or Lots at the time the expenditure is made.

The Board in its sole discretion shall make the determination if an Assessment shall be an Individual Purpose Assessment levied against fewer than all of the Owners. However, all Assessments for the regular planned maintenance, repair and replacement of the Common Areas and the Maintenance Areas (other than optional exterior upgrades) shall be a general assessment against all Lots even though such maintenance, repair and replacement work may be accomplished in phases benefiting fewer than all Of the Owners at any given time."

They claim 4-15 gives them the right to do this, but I see it as for areas not outlined in 5-1a, like optional upgrades. I think the last sentence is key.

They also claim they can do this by Colorado Statute C.R.S. § 38-33.3-315(3)(a), which is quoted below:

"(3) To the extent required by the declaration:
(a) Any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;"

I read this as it has to be in the declarations. I can understand if they amended the declarations, but can they do this by board vote?

What are your thoughts? Would an owner have a case against them? Thank you for your feedback!

TK
NpS
(Pennsylvania)

Posts:3572


07/30/2019 10:42 AM  
Welcome Tyler.

Can you provide the section of your CC&Rs that describes what needs to be done to make an amendment?

Thanks.

Sikubali jukumu. Read all posts at your own risk.
SheliaH
(Indiana)

Posts:2621


07/30/2019 10:57 AM  
Most of us aren’t attorneys and not everyone is in Colorado, so you’re better off taking legal questions to your own attorney and bring your documents with you.

Having said that, go back to your documents and see what they say about amending the CCRs – in most cases, the board can’t just change that with a simple vote, but a certain percentage of homeowners would have to vote to approve those changes. I suspect the board wants to do this because of the increased expense, but it should have considered other ways of reducing the costs first, so if you haven’t already done so, attend the next meeting and start asking questions. For example, have people added more things to the patios without board approval and now those additions have increased the maintenance costs? If so, why hasn’t the board taking action against those homeowners (or perhaps they have and the process is pending – legal action isn’t speedy).

If maintenance costs are skyrocketing, the board has to make tough decisions on what services take priority, and it may be homeowners will have to decide if they’re willing to pay higher assessments to cover areas that are only used by members of their household anyway. If so, they must also accept that those costs WILL continue to increase.

It’s probably time for the board to have a serious conversation with the homeowners to come up with some options that most will agree to. If people want the right to do whatever on their patios, then the association (all homeowners, not just the board members) should take a vote to amend the documents according to the instructions found therein.
TylerK1
(Colorado)

Posts:10


07/30/2019 10:59 AM  
Posted By NpS on 07/30/2019 10:42 AM
Welcome Tyler.

Can you provide the section of your CC&Rs that describes what needs to be done to make an amendment?

Thanks.




Sure! It's a little long, as expected. Sorry for the dense text.


" ARTICLE Xl
ADDITIONAL RESTRICTIONS
Section I l. I Restrictions Vpqn Association and Owners. Unless at least sixty-seven
percent (67%) ofthe Eligible Mortgagees (based upon one (l) vote for each Lot encumbered by
a First Mortgage) and the Owners (Other than Declarant) by vote or agreement Of Owners Of Lots
of which at least sixty-seven percent (67%) of the votes in the Association are attached, have
given their prior written approval, neither the Association nor the Owners shall be empowered or
entitled to do any of the following:
(a) by act or omission, seek to abandon or terminate this Declaration or any
scheme or architectural review, or enforcement thereof, as set forth in this Declaration, regarding
the architectural design, exterior appearance, or exterior maintenance Of the Lots, Improvements
thereon, or the Common Area, or the maintenance of the common property, party walls or
common fences and roads, or the upkeep of lawns and plantings of the Project;
(b) by act or omission, seek to abandon, partition, subdivide, mortgage,
encumber, sell Or transfer any of the Common Area, except for the granting of utility easements
as provided by Section 2.5(a) Of Article II hereof; any conveyance or encumbrance Of the
Common Area shall also comply with voting requirements of C.R.S. 38-33.2-312;
(c) fail to maintain full current replacement Cost, fire, and extended insurance
coverage On the Lots and Common Areas, and such other insurance as is required under this
Declaration;

(d) use hazard insurance proceeds for loss to the Improvements for other than
repair, replacement or reconstruction of such Improvements as herein provided;
(e) change the method of determining the obligations, Assessments, dues or
other charges which may be levied against an Owner, or
(f) a material change in any Of the following provisions of this Declaration:
voting rights; Assessments, Assessment liens Or the priority of Assessment liens; reserves for
maintenance, repairs, and replacement of Common Areas; responsibility for maintenance and
repairs; reallocation of interests in the Common Areas, or rights to their use (except as provided
in Article VI', Section 7.13 herein); redefinition of any Lot boundaries; convertibility of Lots
into Common Areas; expansion or contraction of the Project, or the addition, annexations, or
withdrawal of Property to or from the Project; insurance or fidelity bond; leasing of Lots;
imposing Of any restrictions On an Owner's right to sell or transfer his or her Lot; a decision by
the Association to establish self-management when professional management had been required
previously by this Declaration Or by a First Mortgage holder; restoration or repair Of the Project
(aner a hazard damage or partial condemnation) in a manner other than that specified in this
Declaration; any action to terminate the legal status of the Project after substantial destruction or
condemnation occurs; or any provisions that expressly benefit First Mortgage holders, insurers,
or guarantors.

Section 12.6 Amendment and Termination Subject to the provisions Of Article Xl
herein, any amendment to this Declaration that would terminate the Declaration shall require the
affirmative vote or written consent Of the Members to whom at least eighty percent (80%) Of the
votes in the Association are allocated and, during the Development Period, the written approval
of Declarant. Further, any termination of this Declaration and the planned community created
hereby, must be in accordance with C.R.S. S 38-33.3-218. Except as provided in the foregoing,
and subject to Article Xl, this Declaration may be amended by the affirmative vote Or written
consent Of the Members to whom at least sixty-seven percent (67%) of the votes in the
Association are allocated and, during the Development Period, with the additional written
approval of Declarant. Notwithstanding the foregoing, Declarant shall have the unilateral right
during the Development Period to amend this Declaration for the following matters: (i) creating
new Common Area (ii) changing a Common Area to Limited Common Area; (iii) recording new
plats or new certification Of plats pursuant to C.R.S. 38-33.3-209(6); (iv) to exercise any
Development Rights established by this Declaration; (v) to add unspecified real estate to this
Declaration; and (vi) and for any other reason permitted under the Act.
An amendment to this Declaration shall be effective only upon the Occurrence of all of
the following events:
(a) The amendment shall have been reduced to a writing, which writing shall
have been approved (by an affirmative vote or written consent) by the applicable required
percentage Of Members and, if applicable, Declarant and the Eligible Mortgagees;
(b) A written certificate executed and acknowledged by the president Or any
vice president Of the Association, shall be attached to the written amendment which shall State
that such amendment was approved by the applicable required percentage of Members,
Declarant and by all Eligible Mortgagees, if any, who are required to approve such amendment
pursuant to Article XI; and
(c) The approved written amendment and the certificate described in (a) and
(b) above shall be recorded in the office of the Clerk and Recorder of the County in which the
Property is located, and indexed in the Grantee's index in the name of the Project and the
Association and in the Grantor's index in the name of the person executing the amendment.
(d) It will be a presumption subsequent to the recording of an Amendment to
this Declaration that all votes and consents required to pass the same pursuant to this Declaration
were duly obtained (at a duly called meeting of the Association, in the case of votes). Such
presumption may be rebutted by an action commenced within one year from the date the
amendment is recorded; in the absence of any such action, such presumption shall thereafter
become conclusive.
"


TylerK1
(Colorado)

Posts:10


07/30/2019 11:17 AM  
Posted By SheliaH on 07/30/2019 10:57 AM
Most of us aren’t attorneys and not everyone is in Colorado, so you’re better off taking legal questions to your own attorney and bring your documents with you.

Having said that, go back to your documents and see what they say about amending the CCRs – in most cases, the board can’t just change that with a simple vote, but a certain percentage of homeowners would have to vote to approve those changes. I suspect the board wants to do this because of the increased expense, but it should have considered other ways of reducing the costs first, so if you haven’t already done so, attend the next meeting and start asking questions. For example, have people added more things to the patios without board approval and now those additions have increased the maintenance costs? If so, why hasn’t the board taking action against those homeowners (or perhaps they have and the process is pending – legal action isn’t speedy).

If maintenance costs are skyrocketing, the board has to make tough decisions on what services take priority, and it may be homeowners will have to decide if they’re willing to pay higher assessments to cover areas that are only used by members of their household anyway. If so, they must also accept that those costs WILL continue to increase.

It’s probably time for the board to have a serious conversation with the homeowners to come up with some options that most will agree to. If people want the right to do whatever on their patios, then the association (all homeowners, not just the board members) should take a vote to amend the documents according to the instructions found therein.




Thanks Shelia!
You are correct, maintenance costs are skyrocketing. But, it's not due to homeowners adding to their patios, they just need more repair than expected. They did have a serious conversation with homeowners and this was the solution. I just don't think they can do this without amending the CCRs. They say they CAN do this without amending, which avoids an owners vote.
KerryL1
(California)

Posts:6534


07/30/2019 11:28 AM  
Welcome to the forum, Tyler. Our HOA is dealing with this topic right now, but our CC&Rs in a section similar to yours use the term "exclusive use common area," i.e., your "limited use common area." But 5.1 does not refer to the components on that list as "limited use common areas" and include components that typically are simply common areas. Does your declaration have definitions somewhere for each?

CC&R "Section 5.1 Association Maintenance Association shall provide such maintenance and repair in a first class condition as follows: (a) Paint, repair, replace, maintain and care for... including without limitation, decks, fences, and patios of the Townhomes."

Looks to me like the HOA is obligated to repair, etc. your decks & patios. some in our HOA that ours make those the Owners' responsibility. The trouble with them being the HOA's obligation as Sheila points out is that Owners can do whatever they wish to them including abuse them, neglect them, get them water-logged (IF wood decks), etc. But still your CC&Rs make them your HOA's responsibility. One way to protect against abusive Owners is to have strict rules about deck maintenance that do not comfit with 5.1, i.e., no deck can be completely covered with carpeting, plant must be in pots of adequate size, which set reservoirs to keep water off of decks, etc.

Even though the language seems clear, you & several Owners should hire an HOA attorney for their opinion and to make sure no other sections of your declaration are left out.

4.15 does not apply to original patios & decks.

CO "(3) To the extent required by the declaration:" is key and yours has no such requirement. In addition, the list above does not seem to be limit common areas.

Your board, imo, is trying to pull a fast one due, most likely, to a shortfall of reserves needed to repair replace all the components listed. Take a look at your reserves study.

Amendment sections seem to show 67% of owners must approve.
JohnC46
(South Carolina)

Posts:8550


07/30/2019 1:54 PM  
Tyler does each unit have decks, patios, etc. If not, then Section 4.15 Individual Purpose Assessment might could apply and what the BOD did might be proper.
NpS
(Pennsylvania)

Posts:3572


07/30/2019 5:49 PM  
4.15 includes two terms: Common Areas and Maintenance Areas.

These ought to be defined somewhere in you docs. Can you provided those definitions?

Thx.

Sikubali jukumu. Read all posts at your own risk.
TylerK1
(Colorado)

Posts:10


07/30/2019 6:45 PM  
Posted By KerryL1 on 07/30/2019 11:28 AM
...



Thank you Kerry! I like your thought process. And yes, we are behind where we should be according to the reserve study. My impression is that the reserve study is wildly inaccurate. Is that common? For your question about common areas, they are defined here:
"
Section I .5 "Common Area" shall mean and refer to all Of the Property, together with
all Improvements located there on and all common property owned by the Association, but
excluding the Lots, together With all Improvements and property located on the Lots, and shall
include any Common Area located upon any real property which is hereafter annexed to the
Project pursuant Article X hereof. Notwithstanding any contrary provision, any items described
in C. R.S. 38-33.3-202 and any shutters, awnings, window boxes, parking spaces, driveways,
doorsteps, balconies, decks, fenced areas, chimneys, pergolas, utility lines, irrigation lines,
porches, patios, entryways, stairs, or sidewalks leading solely to a Townhome that are located
upon the Common Area are hereby designated as "Limited Common Area" by the Declarant for
the exclusive use of the Owners of the Townhomes to which they are assigned, allocated or
attached, and they shall be repaired, maintained and improved by the Association as a common
expense. These terms shall have the same meaning as "common elements" and "limited
common elements" under the Act and may be reallocated pursuant to C.R.S 38-33.3-207 and
C.R.S. 38-33.3-208.
"
TylerK1
(Colorado)

Posts:10


07/30/2019 6:46 PM  
Posted By JohnC46 on 07/30/2019 1:54 PM
Tyler does each unit have decks, patios, etc. If not, then Section 4.15 Individual Purpose Assessment might could apply and what the BOD did might be proper.



All units have patios, not all units have decks. Thanks.
TylerK1
(Colorado)

Posts:10


07/30/2019 6:50 PM  
Posted By NpS on 07/30/2019 5:49 PM
4.15 includes two terms: Common Areas and Maintenance Areas.

These ought to be defined somewhere in you docs. Can you provided those definitions?

Thx.



Common area is defined in an above post, Here is the "Maintenance Area". Thanks.
"
Section 1.15 "Maintenance Area" shall mean and refer to that portion of each Lot that.
although not part of the Common Area, is designated to be repaired, improved, maintained and
regulated by the Association as provided in this Declaration. In general, the Maintenance Area
shall include by illustration, those portions of the exterior of the Townhome building designated
for Association maintenance (as provided in Section 5. I (a) below), and the landscaping,
sprinkler system, sidewalk, porch, utility lines and other Improvements located outside of the
exterior of the Townhome building but within the physical boundaries of the Lot. The
Maintenance Area shall be repaired, improved, maintained and regulated by the Association as
provided in this Declaration.
"
NpS
(Pennsylvania)

Posts:3572


07/31/2019 4:18 AM  
Hi Tyler

I've seen many CC&Rs, but never one that said that the HOA would maintain and repair things in a "first class condition." See 5.1. A standard like that is wide open for dispute. To me, "first class" is the best there is as long as I don't pay for it. Maybe to you, "first class" is the best available as long as it doesn't cost more than 50 cents. Are we ever going to come to an agreement on what the standard is? It's bizarre that this kind of language would be put in a declaration that requires a 2/3 vote to change.

That's for starters. I see a lot of contradictory language in your CC&Rs. Very easy to interpret differently. Unfortunately, it's written so it will seem appealing to homeowners, but puts a ton of power in the hands of your BOD.

Unlike others here, I'm going to play devil's advocate. I'm looking at things from the perspective of the BOD members only. And what I see is - The opportunity to interpret your CC&Rs the way your BOD has.

Per 1.15, everything on your lot on the exterior of your home is part of the Maintenance Area that the HOA is responsible for maintaining and repairing.

Per 4.15, your BOD has the exclusive authority to subject anything on your lot as an Individual Purpose Assessment. The example of a pergola is nothing more than an example, and as stated in 4.15, it is not a limitation. So why not everything on the exterior of your house?

So looking at things from the perspective of a BOD member whose house doesn't have a lot of extras and doesn't want to pay for maintaining and repairing those extras on other houses, I can see where this would be a cool way to not get blamed for raising fees, or to charge more money in assessments to anyone who has a deck for example if not all the houses have decks.

If I was looking to challenge this setup, I'd look to 2 things:

1. Adequate notice. Maybe the BOD had the right to make the changes, but not the right to implement those changes without prior notice.

2. Uneven application. If 80% of the houses have patios and 85% of the houses have decks, then was there a fair and reasonable basis for making patios IPAs but not decks.

But that's about all I see. Your BOD appears to have the authority. They didn't write your CC&Rs, so they can't be responsible for what your CC&Rs say, and you signed on to the deal when you bought your house.

IMO, your BOD has the authority to designate anything that's a Maintenance Area as a Limited Common Element.

If you can get enough support among your neighbors, maybe it's time for a new BOD.

Sikubali jukumu. Read all posts at your own risk.
TylerK1
(Colorado)

Posts:10


07/31/2019 8:22 AM  
NpS,

Thanks for the feedback. Your arguments are some of the exact ones the BOD used. I'll try to address some of them.

"first class" may be hard to define, but it has never been a point of issue. If something is unsafe, we know that is not "first class" and should be repaired. That's where we are with the HOA.

This section of 4.15 should not be ignored: "However, all
Assessments for the regular planned maintenance, repair and replacement of the Common Areas and the Maintenance Areas (other than optional exterior upgrades) shall be a general assessment against all Lots..."
I think the "regular planned maintenance" is what is defined in 5.1a

We are not in dispute about paying for "a lot of extras", it's just basic stuff like patios, driveways, etc.

The BOD ruling absolves the HOA of financial responsibility for all that is deemed an LCE in 1.5: "shutters, awnings, window boxes, parking spaces, driveways, doorsteps, balconies, decks, fenced areas, chimneys, pergolas, utility lines, irrigation lines, porches, patios, entryways, stairs, or sidewalks". At the same time, the HOA is still responsible for maintaining these areas, but they will bill you for it! So they decide how much to pay for a repair and then bill you. I think this gives the BOD way more power than was intended.
SheliaH
(Indiana)

Posts:2621


07/31/2019 9:30 AM  
NpS has a great response!

You said the Board has had a discussion with the homeowners about the costs, which you agree is getting really expensive, and they decided maintenance of patios, decks and that stuff would be turned over to the homeowners. Have you spoken to your neighbors to see how they feel about this? If they agree with this becoming homeowner responsibility, all of you should be able to ask the board to come up with proposed amendments to the CCRs to this effect and then the homeowners can take a vote. If you vote for it, fine, bu if not, that's ok, too.

As for the cost, you know your personal budget better than anyone, so you also know that some home maintenance jobs are more costly than others. This can be an advantage of living in a HOA - the owners pay assessments to pay for this and you may get cost savings because you buy in volume. However, this also requires adjustments to the assessments to ensure these things can be fixed in a timely manner and as you know, most people don't like assessment increases. Even if the increase is to pay for certain improvements the community really needs.

So, if you don't want a situation where the HOA decides how much to pay for a repair and then bill you, it's best to turn that responsibility over to individual homeowners like youself. Then you can decide when to get the work done, who will do it and how much to pay. That's life as a homeowner. If the Association is going to pay, there are times when the board has to set spending priorities and sometimes the work you want done may have to wait until something more pressing (e.g. street repair) is done first. If you don't want to wait or have an issue with whoever they pay, this may be an option for your community to consider. If you have a better idea to control costs, bring that to your board and see what happens.
KerryL1
(California)

Posts:6534


07/31/2019 10:02 AM  
Hmmmm, I read it really closely I though the first time, but will need to reread. I just ddid not see where the board has the authority to stop maintenance/repairs on certain components without amending the CC&Rs.

Our HOA is having the opposite fight. The board is trying to say that HOA reserves should pay for balcony/deck repairs & some of us say that our docs say the opposite.
NpS
(Pennsylvania)

Posts:3572


07/31/2019 10:07 AM  
Posted By TylerK1 on 07/31/2019 8:22 AM
"first class" may be hard to define, but it has never been a point of issue. If something is unsafe, we know that is not "first class" and should be repaired. That's where we are with the HOA.


It might not be an issue to you, but it might be an issue to your BOD. Depends on what kind of complaints they get when they don't take care of certain things. I'm sure there are many people in your community who would disagree that "safe" is equivalent to "first class."

Posted By TylerK1 on 07/31/2019 8:22 AM
This section of 4.15 should not be ignored: "However, all Assessments for the regular planned maintenance, repair and replacement of the Common Areas and the Maintenance Areas (other than optional exterior upgrades) shall be a general assessment against all Lots..."
I think the "regular planned maintenance" is what is defined in


Sure, you can read that sentence as a limit on the first paragraph of 4.15. But as devil's advocate, I say your interpretation is incorrect. While Common Areas and Maintenance Areas are defined terms, "regular planned ..." is not defined and the BOD has the right to make decisions within its sole discretion. So once again, we have a dispute over what the words mean.

Posted By TylerK1 on 07/31/2019 8:22 AM
We are not in dispute about paying for "a lot of extras", it's just basic stuff like patios, driveways, etc.


If some have a patio and and others don't, I can see support for the BOD's approach. Same for driveways. Personally, I think this is a nightmare to administer, but that's not the question. The question is "Can your BOD get away with doing it without a homeowner vote?" Depends if you can motivate enough of your neighbors to push back.

Posted By TylerK1 on 07/31/2019 8:22 AM
The BOD ruling absolves the HOA of financial responsibility for all that is deemed an LCE in 1.5: "shutters, awnings, window boxes, parking spaces, driveways, doorsteps, balconies, decks, fenced areas, chimneys, pergolas, utility lines, irrigation lines, porches, patios, entryways, stairs, or sidewalks". At the same time, the HOA is still responsible for maintaining these areas, but they will bill you for it! So they decide how much to pay for a repair and then bill you. I think this gives the BOD way more power than was intended.


Agreed.

Sikubali jukumu. Read all posts at your own risk.
TylerK1
(Colorado)

Posts:10


08/01/2019 9:46 AM  
Posted By SheliaH on 07/31/2019 9:30 AM

...all of you should be able to ask the board to come up with proposed amendments to the CCRs to this effect and then the homeowners can take a vote


exactly, it should be put to a homeowners vote, my whole point!

Posted By SheliaH on 07/31/2019 9:30 AM

So, if you don't want a situation where the HOA decides how much to pay for a repair and then bill you, it's best to turn that responsibility over to individual homeowners...


they can't do that...unless...wait for it...they put it to a homeowners vote! which they are not doing.
TylerK1
(Colorado)

Posts:10


08/01/2019 9:55 AM  
Posted By NpS on 07/31/2019 10:07 AM
I'm sure there are many people in your community who would disagree that "safe" is equivalent to "first class."


It's a nuanced distinction, but important one, "not safe" being equivalent to "not first class" is not the same as "safe" being equivalent to "first class". A better way to think about it is to be "first class" it must be AT LEAST "safe" which I think we all agree with.
Posted By NpS on 07/31/2019 10:07 AM

Sure, you can read that sentence as a limit on the first paragraph of 4.15. But as devil's advocate, I say your interpretation is incorrect. While Common Areas and Maintenance Areas are defined terms, "regular planned ..." is not defined and the BOD has the right to make decisions within its sole discretion. So once again, we have a dispute over what the words mean.


You have a point there, "regular planned maintenance" is not specifically defined. To get an idea of it's meaning, perhaps one would look at a section titled "Maintenance", with a sub-section titled "Association Maintenance", i.e. section 5.1a. I think we'll have to disagree here.
NpS
(Pennsylvania)

Posts:3572


08/01/2019 10:31 AM  
Tyler
I'm not agreeing with you or disagreeing.
I decided to see if I could come to the same conclusion as your BOD did. And yes, I could find justification for their interpretation in your docs.
I can also find justification for your interpretation.
But they're the ones who have been granted what I considered to be excessive authority, and that gives them the upper hand.
If you look back at my earlier post, I gave two ideas on how you can challenge the BOD.
The big question for you is how many people can you get to join you. You're not going to be successful all by yourself.
Best of luck.

Sikubali jukumu. Read all posts at your own risk.
SheliaH
(Indiana)

Posts:2621


08/02/2019 8:07 AM  
Ok, it should be a homeowner vote - so why haven't you and your neighbors gone to the board together and asked about this, pointing out the relevant portion of your documents? I don't see where you did that, although you're upset about this not being put to a vote.

Even more to the point, what solution have YOU suggested to control costs? You said the board said someone needs to come up with an alternative, so it would behoove you to come up with some suggestions for the board to consider so a vote won't be necessary. If the suggestions aren't practical or they don't work, you know what the alternative is and can take an informed vote.

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Forums > Homeowner Association > HOA Discussions > HOA decided to no longer pay for limited common areas. Help with CCR interpretation.



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