Need much help

Started by RyanL • 2 replies • 1415 views

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RyanL (Kansas)
Posts: 1

Posted:

Ok, I will try and put the condensed version of this story down. I was one of the original owners of a small HOA in Kansas City. In fact there is 70 houses with two streets, one street (mine) like the HOA and the other does not. Since we have a small HOA we have had a hard time collecting monies from the other street and now there are individuals who have broken the HOA rules so flagrantly by putting in above ground pools and sheds. In fact the VP of the HOA who lives on this other street put a shed in. We have come to find out that the other 3 board members from that street have been plotting to get rid of the HOA for over a year. Last week we had a meeting called and only the BOD and myself showed up at the meeting. We are definitely at a crossroad for this and I am scared to death of my appreciation of my home going down. If possible we would almost like to get rid of the other street and just have a HOA for our street, is this possible and how? Also I have had people ask if they could sue the 3 board members for bringing this HOA down with them, and not representing themselves professionally, is this possible? It really just makes me sick as when we moved in 7 years ago this was a wonderful subdivision, and now it is going downhill very quickly. Thanks for everyone's help in advance.

R

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ryan,
Let me ask you a question? Do you feel the horse has already gotten out of the barn and run away? You moved in seven years ago and it was wonderful, and now it is going down hill rapidly. You apparently have battle lines drawn between the two streets. You are talking of forming a new association because your's is broken. You are at a crossroad because people have fragrantly ignored the covenants.

Ryan, you passed the cross roads miles back. The board can be charged with all kinds of misdeeds, whatever your documents read. If you want to go to a legal battle you will need a represenative and nothing we can say will make a difference, you have to decide, but what do you think a judge would say if he were to evaluate your position?

It is late in the game, but you need to get all the active support you can get and take the Board to task. You can recall the board and have new elections, but all has to be done within the documents. I would not advise charging the Board with anything at this time. You don't know enough because you and your association have reneged on your obligation, by law when you bought your places. Your association is just that, an association of all members, and each has equal responsibility and each has to accept the blame. It is not too late to turn things around if you can get agreement from all members. You start isolating folks from your chartered association, you will have more trouble and it will be damned expensive. Have a town meeting, talk it out, and if it is best to disband the association do it with calm and reason. If the sentiment is to stop being so guilty and agree to work together, then get on with putting the place back together. Can you do it alone? I'll say this, some ONE has got to get it started.

SusanW1 (Michigan)
Posts: 5,202

Posted:

What is the reason for people to be in your HOA?

Do you supply water? garbage pickup? own a community beach, clubhouse or other commone element? Private roads? Is this a detached condo neighborhood? or simply home of certain streets that have formed an association?

There must be a reason for the people coming together. You need to reiterate that to the members and remind them of their "stake" in the welfare of the community.

If you can't find a reason for people to belong, then maybe the time has come for dissolution and the reformation of a new HOA.

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