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Forums > Homeowner Association > HOA Discussions
Subject: Board conducts common area work but excludes Homeowner
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Author Messages
DavidA7
(California)

Posts:134
08/09/2010 8:11 AM  
This past weekend our HOA BOD conducted painting on property to fix cracks in HOA common area walls unbenowst to me. The painter entered each units exclusive use patio area to conduct repairs/painting except for my unit. They repainted one-half of a wall outside my unit facing the master patio and no other areas of my unit was painted even though for 1.5 years I have indicated in writing that I have major cracking occurring on the walls inside my exclusive use patio's. I have the largest unit in the complex and have two patio's where the other owner's only have one patio. They also repaired and repainted a gutter on another unit but did not repair a gutter with same paint pealing issue that is attached to my unit.

First is that no meeting was held to discuss spending of money on painting, if so required?
Two, each homeowner had to be informed in writing that their patio's were being entered along with posting of work being done in common area - I was not informed.

I only found out about all this because the painter asked to enter my patio to go on the roof to access the attached other units gutter.

Oh big note: I think this is retribution because I have a pending Small Claims action against the HOA that is to go in front of the Judge this Wed.

I'm in California.

Thus, the question is what legal standings do I have in this situation? The HOA will not hold a Board meeting, see other posts, so I won't be able to get this issue addressed.

It seems to me that the BOD is acting in their own self interest and thus may be violating our CC&R requirements to maintain the property not just selected unit owners property.



Thanks,



SusanW1
(Michigan)

Posts:5035
08/09/2010 10:52 AM  
Unless you know for sure, and have proof, you must show that you have been "shunned" by the board better than what you 'think'.

Contact a board member and see what's up.

Your lawsuit should have no bearing on common repairs.
DonnaS
(Tennessee)

Posts:5671
08/09/2010 11:47 AM  

David,

Perhaps the Board instructed the painter to not touch your unit because of the pending legal issue. Going to court may be the holdup on their part. They may have been instructed by their legal advisor to cease any improvements on your unit until this has been settled legally.

Do you attend all meetings so that you know that there was no discussion of the painting expense? Perhaps it is on the annual budget, a line item for repairs or something that would cover the cost? You know that in most HOA's, the members do not approve the annual budget so maybe you missed that part?
DavidA7
(California)

Posts:134
08/09/2010 12:09 PM  
Conduct a Board Member - Tried they don't reply
Respond in Meeting/Attend Meeting - Would love to but Board is refusing to hold meetings. We have had one meeting in 19 months - the 2009 Annual meeting. No other meeting was held in 2009 and none in 2010. Can't even find out who Board President is since no meeting was held to place Board Members.

Could be they were told by legal but doubt it as they did perform a small amount of work to an attached wall to my unit but none of the serious work like they did on other units.

DavidA7
(California)

Posts:134
08/09/2010 12:11 PM  
I agree lawsuit should have no bearing on common repairs unless its some form of retribution due to the lawsuit.
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Forums > Homeowner Association > HOA Discussions > Board conducts common area work but excludes Homeowner


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