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Subject: HOA Nightmare (Affecting sale of home)
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Author Messages
JoshuaC
(West Virginia)

Posts:2


07/07/2006 9:15 AM  
Wow, this is such a huge mess. I will try and keep this to a minimal; these issues could have a book written on them. To begin with, our neighborhood is about 3 years old. Once construction was finished the HOA was then turned over to the Homeowners. There are set rules and regulations (sorry I don’t know the entire HOA lingo). And for the first couple months things were peachy.

Then things went down hill, our HOA pres is the community drunk that hasn’t enforced one rule almost since it has been turned over to him (via a vote). He was voted in because he was the first one to have a home built in the neighborhood.

The problems, Renters weren’t allowed to buy investment properties. This has been broken, there are 3 empty homes in a row that have sat there for 3 years with no one living in them and nothing has been done. The owner only comes once a month to take care of the yard. (Nice homes) but the yard are horrible.


Secondly, ATV’s Dirtbikes, speedy drivers, go-karts etc drive up and down our neighborhood with nothing done. Cops have to be called in order to have them stopped After which point it will start again in a month or so after.

Thirdly, HOA has never provided a document informing us of what our dues have paid for. I even think that taxes went unpaid for 2 years.

Fourthly, Lawns will grow as high as a foot and nothing get said to the homeowner. Common area doesn’t get mowed in a timely manner.

To sum it all up any rule or standard that we have gets broken. There are only a handful of bad apples that destroy the look of the neighborhood. And that’s all it take and other will follow suite.

My dilemma, I have my home on the market and we have one of the nicer lots in the community. But we will have people come look at the home and fall in love with our home and our yard, but will hit the ground running once they see the rest of the neighbor hood. I place sole responsibility of this on our HOA and pres. I understand the homeowners are responsible for their yard. But if they do nothing and they are never warned or any action taken against those that don’t follow the rules then this all comes back on the Pres.

It is too late for me to try and start a revolt. Is there anyway the state can take action or anything else that can be done in this? Cause like I said this issue has caused people to pass placing a contract on my home due to the neighbor hood. Any help would be most gratefully appreciated. Sorry for such a long post.
JoshuaC
(West Virginia)

Posts:2


07/07/2006 9:17 AM  
And just before I get a post asking where I live. It is in Martinsburg WV about 60 miles out of DC.
BradP
(Kansas)

Posts:2640


07/07/2006 9:55 AM  
Josh:

I don't know if the state can do anything, but my suggestion if you honestly feel and can prove that the association's lack of oversight has adversely affected your home's value is to consult with an attorney.
BrianB
(California)

Posts:2820


07/07/2006 10:21 AM  
bad news, in most cases, there is practically nothing a State Can or Will do.

You entered into a business contract with the HOA when you purchased the home. Your first recourse is with the business at the other end of that contract. Then, perhaps an attorney, better business bureau, and civil litigation are options, but they are not easy.

Basically, your options are similar to if you agreed to pay a contractor to do a project, and he did a poor, slow, and bad job of it.
JulieS
(Georgia)

Posts:412


07/07/2006 11:31 AM  
Have you met with the board to discuss these issues and the impact it is having on the neighborhood and their homes as well? I would meet with them...bring anyone else who feels the way you do also. The board has a responsibility and they are not holding up their end of the deal. I would get other residents involved and look into possibly removing the current board members since they are not performing.
RogerB
(Colorado)

Posts:5067


07/07/2006 11:55 AM  
Joshua, unless the owners have a Board which will enforce the Covenants there is little than can be done. Why have you and the other owners put up with not paying assessments and not enforcing the violations for so long?

I would send a letter to the Board, attention to the President, and advise them that their failure to perform their fiduciary duty has devalued your property. Request they immediately take action to cleanup the trash dump the subdivision has become. Advise them that failure to do so can jeopardize the sale of your property and you will hold them responsible if that occurs.

-------------------------------------------------------------------------

Do you think that if he doesn’t take head to the letter that it will stand up in court? If he has been warned to clean up the neighbor hood and I take damages (property value loss)? I have tried several times to get this straightened out. But the handful of people that care haven’t been able to break through, we have no way to get him off the board not enough people will vote. All we have been able to do is make sure that we adhere and that some people follow. Thanks for the advice, it is much appreciated.

Regards,
JC
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It might but it would be time consuming, expensive, and difficult to win at court IMHO. I would chose to get up a petition to call a special meeting of the members with the purposes to be to consider removal of Board members and to vote to replace any that are removed for the remainder of their term. Set a date, time, and location for the meeting and provide proxies. You and other concerned owners can solicit proxies at the same time you seek signatures for the petition. These proxies will help get the votes to remove the bad Board members.

Good Luck,
Roger


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