AnnS12
(Wisconsin)
Posts:22
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| 03/24/2021 2:12 PM |
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We have a problem unit owner.
A little background. Our units are 20 years old. He is an original owner. He was on the board and served as president for years. He used to do quite a bit of maintenance on the property hasn't done so for the past3 years. During his tenure he ran the board by intimidation. There ware resolutions past that were deemed illegal and we are still dealing with those issues. He wanted decorative stone put around his trees told others it was ok, even though this is a common area. He refuses to allow our landscaper near his unit and mows his own lawn. (yes ranting and raving at them) This are the types of behavior he exhibits.
We recently completed a project and converted all of our street lighting to LED's. We had a licensed electrician do the work. The light was working fine after the conversion. He did not notify the board of any problems with the light.
The next day it was noted his light was not working. A board member asked the owner about it and was told the electrician didn't do it right so I took it apart and did it myself.
How do we deal with this? Sending a letter will do nothing to change his behavior. Everyone is scared of him. He was in the military back in the 60's and still refers to himself as Sargent.
We are small community, 56 units so everyone knows everyone. No one wants to confront him or his behavior.
Any suggestions on how to handle something like this.
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MelissaP1
(Alabama)
Posts:10060
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| 03/24/2021 2:33 PM |
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| 1st off note that he did his own work on the light. The reason being is the liability issue if something were to happen. It will NOT go back onto the Electrician who did the work. It will go back onto him for it. So take pictures and mark down dates etc... Let him know that he now is responsible for any issues that may occur if something were to go wrong. |
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Former HOA President |
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MichaelS56
(Minnesota)
Posts:161
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| 03/25/2021 6:45 AM |
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| Document everything, take pictures, keep track of the contracts for the electrician who did the work. Let this know that every time this particular light has an issue and has to be repaired, this owner will be sent the bill. document, document.......If this owner does the same thing to other lights he again will be responsible for any repairs. Eventually a lien will probably be put on his unit. |
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CathyA3
(Ohio)
Posts:1746
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| 03/25/2021 12:12 PM |
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I assume this owner is not a licensed or insured professional, so this is a liability issue. You want it in writing that he is acting as his own risk.
The board should send this person a letter, certified return receipt requested, stating that he is not authorized to perform work on the common elements. If he continues to do so, it may be appropriate for the HOA's attorney to send him a "cease and desist" before the fool electrocutes himself.
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MichaelS56
(Minnesota)
Posts:161
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| 03/26/2021 6:55 AM |
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The state of Minnesota has a harassment law that we have incorporated into our Rules and Regulations. The result of this addition has stopped owners bothering/yelling contractors and their staff. As for mowing, our association allows owners to mow, however, we have added that the owner is responsible for any damage that the mower may cause. The owner is also responsible for disposing of their grass clippings.
The Board of Directors are responsible for enforcing the Rules and Regulations and all governing documents. Selective enforcement may come back to haunt future Boards. |
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AnnS12
(Wisconsin)
Posts:22
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| 03/26/2021 12:56 PM |
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We did add the following rule to our rules and regulations last year
Board members and owners shall not engage in any abusive or harassing
behavior, either verbal, written or physical, or any form of intimidation or aggression directed
at other members, residents, guests, or vendors.
Our president doesn't want to antagonize this owner so doesn't want to send him a letter as I suggested telling him he will be responsible for any future costs associated with this light.
I will bring up at our next meeting and see what the other board members decide.
The president and I are the only ones with any board experience. The other 3 are all new this year.
I think enough is enough and at some point we have to take a stand.
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KerryL1
(California)
Posts:7949
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| 03/26/2021 6:41 PM |
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| We have a similar rule, Ann. And it includes an immediate call to a hearing and a potential fine for the first offense of $100, with the fines potentially doubling with further offenses. Do you have way to enforce your rule on this issue? |
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NpS
(Pennsylvania)
Posts:4142
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| 03/27/2021 7:51 AM |
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| Does anyone actually collect on fines that are generated this way, or do they just sit on the books as a delinquency? |
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Sikubali jukumu. Read all posts at your own risk. |
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CathyA3
(Ohio)
Posts:1746
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| 03/27/2021 8:22 AM |
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Posted By NpS on 03/27/2021 7:51 AM
Does anyone actually collect on fines that are generated this way, or do they just sit on the books as a delinquency?
If you place a lien on the home and the owner sells, then yes. |
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KerryL1
(California)
Posts:7949
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| 03/27/2021 9:24 AM |
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| We've only had 3 hearings on this rule in maybe 6 years. And, yes, all 3 paid their fines. We have some pretty nice amenities we can withhold if owners don't pay fines. |
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AnnS12
(Wisconsin)
Posts:22
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| 03/27/2021 11:51 AM |
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this is another area where our previous boards failed to act. They didn't have any rules until last year when the board finally put together a list. There has never been a fine imposed on any owner here. No one has ever been delinquent in dues so no system has ever been set up.
At this point our only option is send a letter or just do nothing. I will bring up at our next board meeting that we have no system in place to enforce our rules
I'm fighting an uphill battle here. No one had ever heard of a reserve study until I came on the board. I've been trying to get it funded for 2 years. It's on our agenda every month as a pending item if finances allow.
I finally got them to realize last year how under funded our reserves were and our roofs are 20 years old. Cost to replace estimated at $700,000.00. We put through $50.00 increase last year that all goes into reserves so hopefully will have enough in 5 years to complete that project.
Then it will be onto siding and street replacement,
I just don't think anyone thought about these things. |
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JohnC46
(South Carolina)
Posts:10816
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| 03/27/2021 2:13 PM |
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Ann
Hang in there. Your association needs thinkers like you.
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