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Subject: Why does it take too long
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LetA
(Nevada)

Posts:1029


10/16/2020 12:04 PM  
Why does it take too dang long for anything to come to fruition in an HOA? anything like "x" being voted on and approved by the board to so something. Ot often takes tree to six months for that to happen. Now this, earlier a home was raided by police. the board called for a fine and letter to appear before the board. that incident happened 2 months ago and the hearing meeting is scheduled at the 75 day mark. I feel the hearing should have occurred within 14 days of said incident not almost 3 months later.

What say you?
SheliaH
(Indiana)

Posts:3512


10/16/2020 12:14 PM  
Because people are people and what's important to you may not prompt the same reaction in others. The reverse is also true and You know it.

Board members also have a life outside the association, so I don't know why people expect 5 or 6 people (or however many people are on your board) to do EVERYTHING. Things would prove move faster if more people would volunteer to help, but you and I both know one of the unintended consequences of HOA living is that most people think they pay assessments so others can deal with the stuff they don't want to. Folks who love serving on a board are welcome to it while everyone else stays home and watches TV.

You know all this too, so this is just something you'll have to live with - unless you want to lend a hand or are willing to pay more for people to do the work. You'll have to convince enough of your neighbors to do the same - good luck with that.
AugustinD


Posts:4160


10/16/2020 12:27 PM  
Posted By LetA on 10/16/2020 12:04 PM
the board called for a fine and letter to appear before the board. that incident happened 2 months ago and the hearing meeting is scheduled at the 75 day mark. I feel the hearing should have occurred within 14 days of said incident not almost 3 months later.
I am reading about what the courts say about enforcing due process rights as provided in either state HOA/condo statutes; the Declaration; the Bylaws; and Board-enacted Rules and Regulations.

"Due process" means the hoa/condo has to be "fair." The courts by and large nationwide have adopted some basic definitions of what "fair" is. Nationwide the courts at a minimum want to see the accused given notice of possible fines and violations and a hearing for same. Some of the courts speak of a HOA/condo's obligation to comply with the due process rights as given in their governing documents (right down to the rules and regulations).

Also persistently one sees condo/hoa statutes and governing documents that speak about fines having to be "reasonable."

I think there's an argument that a hearing given so late that evidence is lost; memories are foggy; and the like; is prima facie evidence that the fine is not "reasonable" and the board is not acting in good faith."

If I were the judge in a HOA v. Owner lawsuit where the HOA was trying to collect on a fine against the Owner, and the Owner said the hearing was offered so late that (1) evidence was lost, and (2) the Owner could point to specific evidence, that could have exculpated the Owner, having been lost on account of the delay, I think I'd rule the fine was unreasonable and so rule in favor of the Owner.
CathyA3
(Ohio)

Posts:1316


10/16/2020 1:04 PM  
It's mainly because of laws governing HOAs.

If an HOA has an issue, they have to:

* Wait until the next board meeting to discuss it (with time allowed for proper noticing and such).

* Have the discussions. Possibly defer until research can be done and wait until the next meeting.

* Once a decision is made, solicit bids as needed.

* At the next board meeting, discuss bids and hopefully select and award the bid.

* Notify contractor as needed to schedule work.

* Wait a certain amount of time, depending on contractor's schedule and lead time needed to order supplies.

There you have it. And that's what happens when things go smoothly. If something throws a monkey wrench into the works, additional time will be needed.

Obviously, in states that don't require open meetings and allow board members to conduct business via email, things can go more quickly, but even so the process can be frustratingly slow.
KerryL1
(California)

Posts:7582


10/16/2020 1:07 PM  
What you wrote is confusing to me, LetA: "...the board called for a fine and letter to appear before the board." In your documents or NV statute, may a Board levy a fine against an owner before an alleged violator even attends a hearing?

Aren't you (still?) on the Board?

BarbaraT1
(Texas)

Posts:357


10/16/2020 1:36 PM  
Posted By CathyA3 on 10/16/2020 1:04 PM
It's mainly because of laws governing HOAs.

If an HOA has an issue, they have to:

* Wait until the next board meeting to discuss it (with time allowed for proper noticing and such).

* Have the discussions. Possibly defer until research can be done and wait until the next meeting.

* Once a decision is made, solicit bids as needed.

* At the next board meeting, discuss bids and hopefully select and award the bid.

* Notify contractor as needed to schedule work.

* Wait a certain amount of time, depending on contractor's schedule and lead time needed to order supplies.

There you have it. And that's what happens when things go smoothly. If something throws a monkey wrench into the works, additional time will be needed.

Obviously, in states that don't require open meetings and allow board members to conduct business via email, things can go more quickly, but even so the process can be frustratingly slow.




Yep. And the research portion can take several months. And if it's a capital improvement, it may require owner approval so that's another meeting to call with notice, etc.

Owners in my neighborhood were so frustrated that we couldn't whip up additional play equipment when theaters and daycares were closed.

MelissaP1
(Alabama)

Posts:9649


10/16/2020 1:59 PM  
It is pretty simple why it takes so long. Especially for those who want their HOA to "Do things right". Our HOA we ONLY have 12 meetings a year. Some HOA's may only have 1 and that is for elections. So I will give my experience based on 12 meetings a year.

Let's say we need to change out a lightbulb at the front entrance. Someone reports it. We talk about it at 1st meeting. Have to go find out more details like type of bulb and what caused it to burn out etc... 2nd meeting (next month) we have all the details. Find out the light bulb fixture is broken and thus need to hire an electrician to replace it. 3rd meeting (3 months) we have 3 bids to vote for hiring electrician and expenses involved with bulb/fixture. 4th meeting/month. We agree to pay to do the work and hire the work out. This is 4 - 5 months to change a light bulb. Why? Simply if we followed our rules of meetings to a "T" we can only meet 1 time a month openly. No one wants us to have any "private" meetings behind closed doors now do they? Even if that is to discuss issues prior to our meeting to get on the same page.

Most HOA also work in a cycle. 1st year of a new board everyone is getting it together. Learning the rules, organizing, and dealing with issues. 2nd year things are more educated and organized. The 3rd year things start running smoother. However, most of the time many HOA's don't make it to the 3 year mark. Many want to kick their boards out before that happens. Starting the whole process over again.

Decisions made in a HOA are a group not individual. So getting a group together to make decisions is hard. My best advice is for people to chill out with "I saw 3 board members together at Starbucks. Does that make it a meeting"? If you want faster decisions let the board members have a chance to talk to each other or communicate without the eyes/comments.

Former HOA President
LetA
(Nevada)

Posts:1029


10/16/2020 4:59 PM  
Posted By KerryL1 on 10/16/2020 1:07 PM
What you wrote is confusing to me, LetA: "...the board called for a fine and letter to appear before the board." In your documents or NV statute, may a Board levy a fine against an owner before an alleged violator even attends a hearing?

Aren't you (still?) on the Board?





Yes, still on the board. a violation letter went out to the homeowner asking for X amount of money and stating the violation. The owner can pay it and it quashes the hearing or the owner can fight it and appear at the meeting. This is the house that was raided a couple of months ago.

ChrisE8
(New York)

Posts:134


10/17/2020 4:22 AM  
Posted By LetA on 10/16/2020 12:04 PM
Why does it take too dang long for anything to come to fruition in an HOA? anything like "x" being voted on and approved by the board to so something. Ot often takes tree to six months for that to happen. Now this, earlier a home was raided by police. the board called for a fine and letter to appear before the board. that incident happened 2 months ago and the hearing meeting is scheduled at the 75 day mark. I feel the hearing should have occurred within 14 days of said incident not almost 3 months later.

What say you?




Seemingly EVERYTHING in a committee-run organization takes a long time. Not just in HOAs.

Perhaps the HOA in this situation wanted to make sure that it had all of the facts from the police and others before having the hearing. That's not surprising.
BillH10
(Texas)

Posts:565


10/17/2020 7:41 AM  
We have found the normal Board review and approval process is the primary reason why "it takes too long", especially when small projects are involved.

As a result, we have convinced several clients it is more effective to:

1. Forego obtaining bids for any work estimated to cost less than an amount comfortable for that Board. $500, $850, $1,000, etc., although a less than $1,000 threshold is very unrealistic and we work very hard to convince Boards no one, but no one, in this area will submit a bid on a $500 project. In North Texas if one can wield a hammer, one can find a job. Contractors need not be bothered with bid responses.

Obtain a bid and proceed if the cost is below the threshold. The rationale is, it is not worth the time of the MC or PM to attempt to obtain bids below a certain amount as we are finding contractors do not wish to deal with visiting the premises, looking at whatever is wrong, and submitting a bid. All that is overhead for the contractor and for the MC/PM.

2. Grant certain sub-contractors blanket authority to implement repairs without prior approval, only an email notice to the PM is needed. The irrigation systems are an example: if a head has come off and there is a 10' column of water shooting in the air, why bother with a bid, just fix it. That philosophy applies to other irrigation system leaks. The water is bubbling out of a valve cover, it will be nearly impossible to determine the actual cause without digging into the adjacent ground, just have it fixed.

3. Do not obtain bids for (some) unscheduled or emergency repairs. If the roof is leaking, have a trusted contractor fix it.

4. If Boards resist, we tell them a premises visit for Bid 1 on a less than $NNNN project falls under the monthly contract rate, subsequent property visits to meet contractors on small projects which cannot be coordinated with required property review days will be charged to the association at mileage and project management hourly rates.

As for larger projects, it seems there is always a Board member who is convinced the bids are "too high" and asks we continue to obtain bids. With the approval of the Board, we find it effective to hand the scope of work to the 'too high' board member and task that person to obtain competitive bids. Once they understand the liability insurance requirements for contractors, and the other terms and conditions of the scope and realize they cannot use casual day laborers or their brother-in-law, the objections generally fade away.

KellyM3
(North Carolina)

Posts:1559


10/17/2020 7:56 AM  
Posted By LetA on 10/16/2020 12:04 PM
Why does it take too dang long for anything to come to fruition in an HOA? anything like "x" being voted on and approved by the board to so something. Ot often takes tree to six months for that to happen. Now this, earlier a home was raided by police. the board called for a fine and letter to appear before the board. that incident happened 2 months ago and the hearing meeting is scheduled at the 75 day mark. I feel the hearing should have occurred within 14 days of said incident not almost 3 months later.

What say you?




1. The people serving on the board of directors are volunteers. Not all of them consider HOA volunteerism as either a job or a primary hobby to occupy much time.

2. State laws on how HOA handle processes.

3. While HOA issues need to be addressed, they aren't generally "life or death" (proverbially) or, no matter the need to call a meeting, the HOA doesn't have as much legal power as residents assume.
MarshallT
(New York)

Posts:108


10/19/2020 6:39 AM  
Hi,

I understand that waiting so long can be frustrating. But there is a process that all boards must follow for pretty much everything, and they've more than likely got more than 1 hearing to arrange.

The larger the HOA, the longer it's going to take for these sorts of issues to be resolved.
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