HOA Split and Hurting.....

Our community was developed in 2000 (93 home sites) on a beautiful golf course overlooking the wetlands and the bay. It is a little piece of heaven….

We have several issues which have lead to split in the community which seems to be getting worse by the day.

Issue #1: Pool Project

We were told that a pool would be constructed in our community by our realtor when we purchased our lot in 2001. The Board of Directors as that time advised the lot owners (very few) that they had made arrangements with the Developer to build the pool. The Developer apparently agreed to signing a lot to the association and providing XXXX amount of dollars.

As our community started to grow, a pool committee was developed. We were told by the committee early on that the pool would cost $350,000. There was not problem within the community at that time because the costs were reasonable. From 2001 until this past August 2005 the cost of the pool project rose from $350,000 to 1.2 Million dollars. The pool committee decided that we needed a clubhouse and that is where the majority of the costs were going while the pool was shrinking in size. Finally they brought it back to the community for a vote and it was voted down. The current board at that time felt the vote was not good so conducted yet another vote which had the same outcome. No Pool! Too much money and too much going on without the membership knowledge.

A lawsuit was filed this April 2006 against the developer, realtors and association from several families that want a community pool. They want $500,000 reimbursement for the cost of their lots (not when purchased), injunction on the association to prevent the community of having input on the pool project as well as other things.

Question: We have two members of our board that are butting heads on the pool project which has cost this community a great deal of money over the past several years. We lost a $20,000 deposit from the pool contractor and the committee spent $142,000 on architectural fees for the design/redesign of the club/pool house without authorization from the membership. As of this past January we were advised that we have spent $24,000 in legal fees. When asked what the current legal fees are, we are told that is not our concern. How do we get the two individuals that are butting heads to stop and stop wasting our money….

Association Dues: $1,000
Common Areas: Street Signs (which continually blow down), Entrance Signs.

Question #2: Were is $93,000 a year going? We are broke!

Issue #2: Architectual Review Board (ARB)

As much as I believe in an ARB, our board has been inconsistent from the get go. They allow one person to do this and another not. When it becomes an issue the ARB wants nothing to do with it. Actually pit neighbors against neighbors. So very sad.

The rules and regulations seem to be off the seat of someone pants and lack any common sense.

Example: Our neighbor next door built his house 25 feet off our property line. Although this is allowed by the county, we feel that it should have been told to us by the ARB prior to the building starting. We did what was asked of us…we went before the ARB to discuss this matter. We were told by the president at the time, what do you expect you purchased a cheap lot (our lot cost $210.000.00). Well that was unnecessary! So the ARB advised us to plant a natural boarder so we had some privacy. We proceeded to do just that and then received a violation letter from the ARB that our trees were inappropriate.

We went before the ARB, they advised us what to do, we did it and then we are in violation. You just can’t win….

Example #2: The ARB told one owner that they had to install 10 additional windows on the outside of his garage area (3 cars). It cost the owner $10,000 but they did what was asked. The ARB felt they housed needed additional windows. The ARB then allowed the next door neighbor to put large trees on the line which then blocked the view from the windows that they required the owner to install.

Example #3: One owner built a house, submitted the plans, received approval and then they received a cease order for construction because their house was 6” over the (35 foot) community ruled specifications. The county specifications are 45 feet. Needless to say the ARB assessed the folks $20,000 for this situation. Since then other folks have made the same mistake but they are issued variances.

Question: When the ARB thinks they rule on everything, were are the rights of the homeowners? Can the ARB just make up rules as they go and change them to fit one owner and not another? Is the ARB bound by the declarations, local, state and federal laws when making decisions regarding issues? If so, how does a homeowner stop the ARB from running a muck?

Correct. Funds were spent by the pool comittee members with board approval but not membership approval. We are told that we vote our board in to make decisions for us. Members never voted to approve an addition of a clubhouse. We were told that too!

Hello,

We are not allowed to attend ARB meetings. Basically they are all closed. The ARB makes up the rules and the membership is not included or sometimes were are not even notified about their changes. Then we receive letters of violation. When asked "the ARB indicates that our declarations are broad so they can do what they want". No standards are never submitted to neighbors when changes are made by the ARB. Our ARB also indicated that they are separate and distinct from the Board of Directors and can do what they want, when they want without interference from the Board of Directors.

The Developer gave our community land and agreed to give us 150,000 at certain construction intervals (drilling - $50,000, breaking ground - $50,000 and completion - $50,000). We did receive the land and $50,000 but since the community voted the pool project down our current board of directors has indicated that they do not want to return the developers money. How can the membership step up and require the board to return the developers money....??

The funds were provided based on our pool project being completed. The community voted the pool down so the money should be returned.