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SebrinaW
(Washington)

Posts:3

07/16/2008 11:04 PM
Hi! I live in a townhome/condo community of less then 100 in Washington state. Nieighbors have been stating their concerns about the condition of all the fences. Also from my understanding the HOA insurance company stressed that our fences are a danger to everyone in the community because they are falling apart. So the Board of Directors and our management company took their time to look at all the fences. Because of the conditions of our fences the Board of Directors did get bids. Like they always do. One of the bids was from the general contractor that has done work on our property for the past 2 or 3 yrs. The B.O.D. ended up selecting the regular contractor they've been using. So they called for a vote by mail. Which according to our CC&R's, Governing Document and House Rules Book, they are permitted to do so. Our community voted on a fence maintenance project this past spring. Which was passed by 77% of the owners. So many of us owners were very happy to hear that the fence maintenance project was passed. Within 30 days the B.O.D. announced who was awarded the contract and when it would all begin. Now keep in mind the community I reside in is broken up into sections by land. Phase 1 & 2 are the northern end and 3 & 4 are the southern end. This fence maintenance project started in phase 1 & 2. At first they were taller then before fences. Plus the fences style was "sort of" changed. They flipped the direction of the bracers. So I asked several neighbors what they thought about the changes. Almost half of the owners wanted the taller fences with the bracers on the inside because it gave them more privacy and security. Only a small portion of the owners do not like the new fences. The B.O.D. decided to change the fence by just lower them back down. Now the project is just barely over half way done. And phases 3 & 4 are being started. I found out today that owners in the first two phases are still upset about the fence changes. I've also heard that they are talking about a filing a classaction suit against the HOA and the contractor. On my way through phase 1 & 2 I over heard one of the owners literally yelling some rather harsh comments at both the owner of the company and his staff. I, personally, can not believe that the contractor has not walked off the project yet. So from my understanding several of my fellow neighbors are unhappy with the project because the fences are not identical to the old ones. And that some modifications were done to make sure they could use their patio faucets and outlets. And they are not happy that the B.O.D. selected the contractor that handles our maintenance. Several of the owners that are unhappy have voiced their opinion of several board members. Everything from rasist, sexist to having unauthorized repairs to their units and personal use of HOA funds. My HOA has problems getting volunteers to be on the board. But my concern is the fact that 4 out of 5 board members terms end at the end of the year. Two of the current board members have made it known that they wish to stay on the board whether they stay in their current position or not. From what I have discovered, during the 3 year term the two specific board members have been on. The HOA has completed at least half of the Reserve Study maintenance, added more open parking and added more lightening through out the property. With having owners behaving in the manner that has been seen by everyone these past few months. I've concerned that come the annual meeting that no one will volunteer to take any of the open positions. Including the out going board members. My main question is: What can I do to help keep certain board members on the board? Can something be done to those that cause no volunteers to step forward? The only right I know I have is nominating and voting at our annual meeting. But what else can I do? Thank you for taking your time to read all this.

GlenL
(Ohio)

Posts:1301

07/16/2008 11:35 PM
Sebrina welcome to HOATalk. The number one thing you can do is let the BOD know you appreciate the time and trouble they have gone through getting things done. When you have a 100 homeowners involved nothing is ever going to be done to please all of them nor can it be; just too many different personalities and opinions involved. When you are on the BOD giving your time and all you hear is what you are doing wrong and how everybody hates it you can begin to doubt yourself. We have the same vocal minority as everyplace else and we listen to their complaints and try to act on them if they seem valid but eventually you come to realize that they will never be happy. I personally think they are incapable of it. But when you get a note from a homeowner or two that you never hear from thanking you, it lifts your heart like nothing else. When election time comes around encourage them to run again and help by soliciting proxies to ensure they stay there.

KirkW1
(Texas)

Posts:915

07/17/2008 5:50 AM
First, a nice letter will go a very long way. But for even more impact, start talking to your neighbors. Bring up how you see things and that while things may not be perfect, they are not horrible and in fact might be getting better. You will probably be shocked. Human nature is to be quiet when satisfied and loud when upset. And the satisfied quiet people are not likely to upset their cart to stand up against the loud ones. At our turnover meeting the developer explained that they had sold the 2/3 of the land that was to be in our HOA. The person they sold it to said he would continue the same direction, came to the annual meeting to meet the existing homeowners. But for whatever reason he went a new direction leaving us behind. So the original declarant turned over the HOA to the owners in phase 1. First there were all kinds of people demanding to know why he didn't make sure the new developer went with the old documents. Then there were accusations of impropriety with the dues. Finally someone stood up and thanked them for what they had done so far. There was a loud round of applause and the upset crowd settled back down. I think the developer could have done more. But we were left in a great position. Our reserves are funded off the charts. We have an operating reserve that is great. We also have a great operating reserve fund. Actually, the BOD is now starting to explore purchasing one of the empty lots and building a small playground. Few HOAs have that kind of financial position and very few in our size (just over 300).

SusanW1
(Michigan)

Posts:1804

07/17/2008 6:12 AM
Sebrina, 1) You said, "Our community voted on a fence maintenance project this past spring. Which was passed by 77% of the owners." WHAT was passed? I can't believe that a detailed description - with picture - was not provided to the members for approval, along with a budget. If not, then the members left it up to the Board to decide height, design, etc. So, that's that. (Another reason for a Committee to hold member input gatherings so things like this don't happen) Too late, now. 2) Don't worry about getting Board members. Either they are elected OR they get appointed to make up the required number according to your bylaws. If the members are smart,they will elect. Otherwise, they get what the board wants.

SebrinaW
(Washington)

Posts:3

07/21/2008 3:49 PM
Thank you for your responses. Just when we thought things were quieting down. I caught the workers boss today. A few owners called L & I on the workers. Claiming that they were breaking L & I rules. But because the HOA is only removing rotted wood and reusing some of the older good wood. The B.O.D. think they needed permits. Now if it was a 100% wood replacement and a taller fence I could see the reason behind the permits. As an owner do they have the right to file complaints with L & I, BBB and the county? (I would normally say city. But we not inside the city boundaries) I mean I know they can. But what if the complaints cause the contractor to walk off the job? Since my rotten fence has been taken down. And the workers might leave. What rights do I have? I want my fence back up. And I want to see for once in the 13 yrs I have lived here to the B.O.D. get a major maintenance item finished. I wish I could blame the B.O.D. for this. However there are two specific owners that are causing most of the problem this time. They have even gone as far as to knock on my door trying to convince me to join them in a law suit against both the HOA and the contractor, that to me is pointless. From my understanding the fences have to be fixed because our insurance company is requiring all rotted wood be replaced. Or they have the right to pull our policy. Again, from my understanding the HOA has had this insurance since 1990. I am at a loss here. I just can not believe two people can be so petty over something so minor. I have heard several board members threaten to quit and sue the two owners. For what, I do not know. It is their business. I have also heard the contractor is talking about sueing the two owners. Which is completely up to them as well. I just would like fence to be done. And see the remaining 7 buildings be completed. Honestly I do not think the two owners understand that if they do sue the HOA and for some miracle win. Everyone's due can be raised or a special assessment can be done to pay for the pay out. I guess my ultimate question is: what are my rights? What can I do to get the two owners to stop harassing the contractor? Or is there something I can do to help the HOA to get this done?

SebrinaW
(Washington)

Posts:3

07/21/2008 3:51 PM
Excuse me. I have a typo. The B.O.D. did not deem permits to be required. As this is a maintenance item not a 100% replacement. It is a gray area with our county.

GlenL
(Ohio)

Posts:1301

07/21/2008 4:36 PM
As long as the fences are built to code (State or County) it is more than likely that all that would happen is that work would stop while the permit was issued and there might be a small fine for the fences that were already repaired. The builder should be aware of the requirements of the county and if he didn't feel it was needed it probably isn't. Don't worry about the what if's until they occur and don't let these two people drag the whole community down. Get with your neighbors who want this done and show the BOD your support.

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