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Subject: Dereliction of duties by board and management company
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RichardL7
(Colorado)

Posts:96


05/15/2021 4:35 PM  
Greetings from Colorado:
in the past years I have received a great amount of help in relation to board members and management companies. A few years back we had a management company that fraudulently stole money from our association, that management company is now long gone. The second one. A few years back was dictatorial and negligent in responding to or acting on complaints. That management company is now gone. Both of these have slowly degenerated our association.

So my question is???, Our new management company presently is seriously lacking in communications of any type. I have over 100 emails in the past year and two months with only 10 responses, and those responses to the problems I listed was in no way related to our bylaws or declaration. What I'm saying here is their rulings are arbitrarily made and not back by our documents. It has become so blatant that I believe action should be taken.

If I am correct, the bottom line is the board of directors, am I correct??. They, in themselves are reluctant to seriously act and all indications, and I mean all indications are they have not read the bylaws or the documentation of our association, or any of the laws related to Colorado for the Condominium associations.

Now the main question,--- what procedures can we use to overcome this?. Also, if an attorney is needed. Do I find that under real estate attorneys?? I just don't know, Also related to this and is quite concerning to me. If I move forward on this with an attorney, the financial burden may be greater than I can bear. Also If I proceed with this and use an attorney. I'm sure my HOA attorney will represent the management company or the board, and if they lose who pays the fee then?? I have absolutely no idea of the financial procedures related to hiring attorneys if needed or even a general cost of such. Somewhat in a dilemma on this . Appreciate any information that could give me some insight on which way I should go.
Sincerely:
Rich.
MaxB4
(California)

Posts:1601


05/15/2021 4:48 PM  
So you sent 100 emails with 10 responses, yet you have not indicted what the issue is.
AugustinD


Posts:1920


05/15/2021 4:58 PM  
Posted By RichardL7 on 05/15/2021 4:35 PM
If I am correct, the bottom line is the board of directors, am I correct??.
In my opinion the bottom line is a membership not willing to step up and volunteer to replace less-than-the-best directors. Probably because all members know being a director is a lot of work. I think many HOA members would just as soon have to pay for the occasional serious mistake, by a board that is not entirely to their liking, rather than have to give hours of their own free time.

If you lawyer up and start making demands, yes, the HOA membership collectively will pay for the HOA attorney to respond. More often than not, and for various reasons, the HOA attorney defends the board positions.
KerryL1
(California)

Posts:8729


05/15/2021 6:04 PM  
So, Richard. First, property Mangers don't make "rulings," boards do. Do you go to board meetings? Can you submit items for board consideration? Is an open request for Owners to speak at board meetings? If so, do you participate?


I think that 100 emails to your PM in 14 months is excessive. It could even be v viewed as harassment. Do you stop by their office too? Is it on your premises?

I don't think an attorney will help you with your complaint of lack of communication from the PM. Or is your complaint the Board won't act on your emails? I think we need specifics about your complaints. Which Bylaws aren't being adhered to? Spell it out. What do you mean by d"documentation?" Your HOA's governing documents? Like your CC&Rs (or deed restrictions, covenants, declarations)?

Btw, what size is your HOA?
BarbaraT1
(Texas)

Posts:589


05/16/2021 6:48 AM  
I’m going to guess that you have a problem with one or more of your neighbors, have complained to the manager about it 100 times, and are upset that he or she won’t do whatever it is you want her/him to do about it.
RichardL7
(Colorado)

Posts:96


05/16/2021 11:26 AM  
Greetings one and all:
as to the questions received by one and all, this is all been tried. This is not a Situation that has just come up, but a long and enduring problem. Yes, I have addressed this to the board, and I have addressed it to the management companies of the past. This may surprise you, in the last 15 years It has cost me over $11,000 of my own personal monies for repairs. This has resulted due to roof leaks, and I do mean serious roof leaks. Water down the exterior inside walls, defective sump pumps, flooding the crawl away and in one case, a defective sump pump which nearly caused the fire due to lack of inspection and maintenance by the management company. And this had been addressed many times.

Trust me when I say this is only a small part of what the problems have been.

For the past 20 years I have documented every single problem with multiple photographs, documenting the problems. It's probably above and beyond what you may believe has happened. For the past 12 years I have made the statement to the board and the management company. If you think at any time that I am exaggerating the situation. You have my authorization to come to my house and look at all of the photographs,(which I have many of) the emails submitted to the management company or to the board. I only receive solutions when the board members call the management company and told them to get moving on this, and even then they stall. Contrary to many who believe this is a story, you will find I have documented every single problem with email, emails to the board, and repeats to the management company. The only time I get results is if the board steps in and this is uncalled for. I challenge anybody, and I do mean anybody that feels I'm mistaken to take a look at my computer, all of my photographs, all of my emails for the past 20 years, to the management companies and to the board. You may find it will take you 3 to 4 hours to go through it, then you would understand. This association was built in 1984. We have lost beautiful fencing around common areas, the parking lot areas have not been touched in any respect Since that date. Huge cracks with grass in the middle, wheel stops pushed under the bushes, unauthorized vehicle repairs in the parking lots not being addressed when reported, disgraceful garbage pickup areas and more.

Do I go to the meetings?? Yes I have in the past and what do we get in return?? Hot air promises and no results. I'm sure people will challenge this but then again without all of the pertinent information you would have no idea what's going on.

Even when I challenge the board or management company to view my information, they back away because they've already seen it. I have been in this association 26 years and now I'm 82 years of age, lost a great deal of My eyesight and stamina. It is now impossible for me to participate in any way shape or form. It should be noted that apathy is prevalent in the Association. As one told me if it doesn't affect me. I don't care. Anyway, thank you for all of your comments.
Rich.
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