Get 1 year of free community web site hosting from Community123.com!
Tuesday, June 15, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: ok , i need a lawyer
Prev Next
Please login to post a reply (click Member Login on the menu).
Page 2 of 2 << < 12
Author Messages
AugustinD


Posts:601


05/30/2021 9:23 AM  
Posted By CathyA3 on 05/30/2021 8:57 AM
Before I play devil's advocate here, I'm going to say that it's unfortunate that the board has not been able to control what I feel is their understandable exasperation with a homeowner who has been an ongoing source of confrontations/issues/etc./etc. I think the board is in the wrong - this would be true if this were a first-time offense from a confused owner or the latest installment of the drama created by an owner who should know better at this point.

Cold, hard facts here: anyone who continually butts heads with the board, for whatever reason, has to expect that they will have burned through whatever goodwill existed in the beginning. The board is done with their sh**. The offender will not receive the patient handling and "understanding" that they might reasonably expect for a first offense.
I doubt this board is patient and "understanding" with anyone. I think the manager may very well be crooked. I sense from LaskaS's other posts is that this board does not follow its own rules and regs; the covenants; and state law. I think it's likely this Board does not like anyone who asks it to follow the covenants and statute.

This condo has suffered incredible damage from hurricanes in the last several years. I think it is not an easy situation.

Nobody in the original post deserves any medals for good conduct.
Noted, along with your other points.

I continue to agree that LaskaS, like many HOA/COA members with apathy being the rule, simply does not have the power to make any meaningful change. This condo may be eating up the best part of her/his life. I think she/he has posted that moving is not an option. But withdrawing into deep background always is. On the other hand, many people have to live through a number of crummy years before they 'know when to fold 'em' in a quest for change.
AugustinD


Posts:601


05/30/2021 9:30 AM  
Posted By SheilaJ1 on 05/30/2021 9:11 AM
But the HOA can charge a restoration fee.
Following proper notice and a hearing, I think the HOA probably should have fined (per a properly noticed schedule of fines) LaskaS for violating covenants on who maintains the common area. As KerryL1 rightly pointed out, it's highly important that a Board deter people from improperly using the common area. "Hands off!" should be the message the Board conveys emphatically time and again when people violate covenants and reasonable rules concerning the common areas. Maybe this instance (with LaskaS) involves no real liability concerns. But consider when some wisea-- dumps bubble bath and green dye into the COA pool on St. Patty's Day.

Following proper notice and a hearing, a reasonable restoration fee also should not be questioned, per state law and I bet, the covenants.
CathyA3
(Ohio)

Posts:2021


05/30/2021 9:34 AM  
Posted By KerryL1 on 05/30/2021 9:16 AM
...And, good gawd, now it seems she painted all the doors in her building?? ...



I saw that.

Regardless of how the board is behaving, the ultimate source of Laska's problems is Laska.

I mean, c'mon. Common elements = not your property, keep yer mitts off unless you have permission in writing. How hard is this to understand? (I've discovered, though, that people can be remarkably dense when it comes to understanding something that keeps them from doing whatever they want to do.)
AugustinD


Posts:601


05/30/2021 9:37 AM  
Posted By KerryL1 on 05/30/2021 9:16 AM

I agree she was wrong in her conduct. And, good gawd, now it seems she painted all the doors in her building??
Posted By LaskaS on 05/30/2021 4:20 AM
I hate to be a smart a** but,,,,,, regarding the repainting. after two years of the board not painting the front doors as they voted and approved to do. I painted all of the doors in my building to the color that the board had selected.


Hmm. [smile; now a little amused, all currently at the safe distance of not living in a HOA/COA]

LaskaS, care to share what the COA's response to your re-painting the doors was?
AugustinD


Posts:601


05/30/2021 10:07 AM  
Posted By CathyA3 on 05/30/2021 9:34 AM
(I've discovered, though, that people can be remarkably dense when it comes to understanding something that keeps them from doing whatever they want to do.)
The dense ones do not figure out secret ways to fix (within reason) something the HOA should fix and has not fixed for two years? [wink]

Picture twelve HOA members in dark clothing, camouflage makeup, watch caps, on a moonless night, taking down a dead tree whose limbs have been falling regularly now on a well used HOA road.

Fast forward to a lawsuit by the HOA against the twelve HOA members.

The membership has begun affectionately referring to the Defendants as "the Dirty Dozen."

Judge [addressing the HOA attorney]:
All right, what's going on this time, counselor?

HOA Attorney:
Your Honor, the Defendants maintained the common area in violation of the covenants. The Plaintiff HOA gave them notice and a hearing. The HOA found the Dozen guilty.

Judge:
What'd they maintain?

HOA Attorney:
They took down a dead tree, Your Honor!

Judge:
Wha... Outrageous [snicker heard behind Zoom screen]. Defendants' Counsel, what do you say?

Dirty Dozen's Attorney:
My clients have apologized, Your Honor. They have calculated the dollar figures involved here. I have checked the calculations and agree with them. The cost of removing the twenty-foot tree would have been about $1000, based on the pricing of ten local contractors, properly licensed and insured. By my clients' calculation, the HOA owes them $500, since the Dirty Doz..., excuse me, the Defendants, did not have to pay for licensing and insurance.

HOA Attorney [leaping up]:
Your Honor, that's not the point! There are liability concerns here.

Judge:
Indeed. Defendants' counselor, I hope you are not trying to be cute.

Dirty Dozen's Attorney:
I am at the mercy of the Court. My cuteness is up to you, Your Honor.

Judge [striking gavel once]:
All right, that will do. HOA Attorney, what's the fine?

HOA Attorney:
$12,000, or $1000 per criminal.

Judge:
Criminals, eh? How long was this tree dropping its dead limbs?

Sounds like there are a lot more than twelve criminals to me.

HOA Attorney:
Well...

Judge:
This Court rules for the Plaintiffs. Fine is $1200, or $100 per defendant. Oh and time served.
MelissaP1
(Alabama)

Posts:10247


05/30/2021 10:09 AM  
Why am I "all over Laska?" I am not. Simply pointing out the facts of the situation and most likely the source. It's like dealing with someone who is "poking the bear" and then complains the bear poked back. Laska decided what the landscaping "standard" is. It isn't meeting their "Standard" so the HOA or PM is at fault or doing nothing? Having run a HOA it never ever runs on YOUR timeline nor YOUR standards.

Sometimes a duck is a duck is a duck. The duck here is that Laska violated the rules by enforcing their "standards" and now wants to sue the HOA whom wasn't acting in compliance with those "standards". We don't even know all the details of how these "charges" on their account are being listed as. Are they damages? Are they fines? Is it legal fees the HOA incurred? Is it repair costs? If you know your being charged on your account then you KNOW what it should be listed for on the books. I don't believe there was no notice involved here. It may been not the notice they consider a notice should be.

Former HOA President
AugustinD


Posts:601


05/30/2021 10:10 AM  
Posted By MelissaP1 on 05/30/2021 10:09 AM
Why am I "all over Laska?" I am not.
You seem to think that a hearing is optional.
MelissaP1
(Alabama)

Posts:10247


05/30/2021 10:12 AM  
It depends. What are the charges for exactly. Remember Laska claims that the "damage" never happened. Yet we saw the pictures of the damage. How do we know the HOA's policy isn't to charge for legal consultation to one's account? That would not require a hearing would it? Plus the end result of this "hearing" most likely would NOT be on Laska's side. Just digging themselves and the HOA into a deeper hole.

Former HOA President
KerryL1
(California)

Posts:8123


05/30/2021 10:21 AM  
Haha! fun to read, Augie. Do note that the Dirty Doz dealt with a potential hazard to residents and their cars. Boards put their HOAs in serious potential trouble if they ignore complaints about safety hazards.

I am secretly hoping that an owner here who heard the request at the Zoom mtg. to donate some accent pillows & seat cushions will sneak some into the the Lounge. I wonder if they'd really be removed by the PM. (Btw, I voted to accept the donation--vote was 5-1)
AugustinD


Posts:601


05/30/2021 10:29 AM  
Posted By MelissaP1 on 05/30/2021 10:12 AM
That would not require a hearing would it?


Texas Condo Act yada Section 82.102 Subsection (d) states:
"(d) Before an association may charge the unit owner for property damage for which the unit owner is liable or levy a fine for violation of the declaration, bylaws, or rules, the association shall give to the unit owner a written notice that:

(1) describes the violation or property damage and states the amount of the proposed fine or damage charge;

(2) states that not later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and

(3) allows the unit owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the unit owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months."

Plus the end result of this "hearing" most likely would NOT be on Laska's side.
Based on what has been presented so far, I certainly do not think one can judge this without having a hearing.
AugustinD


Posts:601


05/30/2021 10:40 AM  
Posted By KerryL1 on 05/30/2021 10:21 AM
Haha! fun to read, Augie. Do note that the Dirty Doz dealt with a potential hazard to residents and their cars. Boards put their HOAs in serious potential trouble if they ignore complaints about safety hazards.
I don't know why someone does not call me out for often posing as a law-and-order type when at the same time... oh never mind. Suffice it to say that I have never worn camouflage paint and a watch cap while doing anything on a HOA/COA's common area. It has crossed my mind, though.

I do think judges try to be fair and they don't want their courts tied up with this kind of dispute (bickering?).
I am secretly hoping that an owner here who heard the request at the Zoom mtg. to donate some accent pillows & seat cushions will sneak some into the the Lounge.
Lol. Good on... Um, I mean, "People should always follow the rules and covenants and not mess with the common area beyond what the governing documents authorize."

I wonder if they'd really be removed by the PM. (Btw, I voted to accept the donation--vote was 5-1)
I think your example is a great one for this thread. Folks often want to help. The Board's hands are tied often.

I think I would have voted on this one as you did. I might draw the line on certain other donations.

To me, there's only liability concerns to argue against certain donations, right?

MelissaP1
(Alabama)

Posts:10247


05/30/2021 11:09 AM  
People forget that many lawyers and judges LIVE in HOA's! Some may be on their HOA's boards. They can call from their own experience or living in a HOA what the story really is. I am sure if Laska went to court may find themselves more in a "Judge Judy" situation than "People's court".

The court system can ONLY make someone "whole". Again in this situation it's the HOA that qualifies to be made "whole" NOT Laska. The damages were against the HOA. It is their property. The court may recognize there was no "hearing". However, that doesn't mean it will ignore the damages. It's a procedural issue. Something Laska needs to start recognizing.

Former HOA President
AugustinD


Posts:601


05/30/2021 11:16 AM  
MelissaP1, as long as you insist that LaskaS must follow the rules and state statute, while at the same time you insist the COA Board is not obliged to follow the rules and state statute, I cannot take your comments in this thread seriously. I think what you are doing is as dishonest and disreputable as anything that you allege LaskaS did.
MelissaP1
(Alabama)

Posts:10247


05/30/2021 12:35 PM  
I still have not seen a bit of proof the HOA has NOT done their due diligence. You keep saying the HOA has broken the rules. Where and by who's opinion? Can you state clearly where the HOA from Laska's opinion is in the wrong or did not notify properly?

I need a bit more proof. Considering Laska has been told to no longer communicate with the PM due to their previous interactions. How did Laska find out about the charges? What are they being called? What is the timeline?

AugustineD your already taking Laska's side when you have yet to hear more details of the HOA's side of things. Plus how do we know it wasn't a bill from the landscaping company? Lawyer? PM?

Details are missing here. The more that is dug up the more find there is another side yet to be represented. There is no way Laska would win this case overall no matter the debate on the HOA's side.

Former HOA President
AugustinD


Posts:601


05/30/2021 1:10 PM  
Posted By MelissaP1 on 05/30/2021 12:35 PM
I still have not seen a bit of proof the HOA has NOT done their due diligence. You keep saying the HOA has broken the rules. Where and by who's opinion? Can you state clearly where the HOA from Laska's opinion is in the wrong or did not notify properly?
I would be doing a disservice to the forum, the thread and you by posting for a third (or maybe a fourth or fifth time?) the state law requiring the COA to offer a hearing.
CathyA3
(Ohio)

Posts:2021


05/30/2021 1:11 PM  
Posted By AugustinD on 05/30/2021 10:07 AM
Posted By CathyA3 on 05/30/2021 9:34 AM
(I've discovered, though, that people can be remarkably dense when it comes to understanding something that keeps them from doing whatever they want to do.)
The dense ones do not figure out secret ways to fix (within reason) something the HOA should fix and has not fixed for two years? [wink]

... snip ...



Since this referred to the door painting (I think), it's not unusual for boards to approve maintenance projects, only to have the projects derailed due to a higher priority, unexpected event. And it can happen more than once.

Isn't this the condo that got flooded a few years back during the hurricane that dumped massive amounts of rain over several days? Followed by mold? And then additional storms and hurricanes in the following years? This board has had severe challenges to deal with, and I'm not surprised that they're short on patience right now.

Assuming that a delayed project indicates an incompetent board, or in any way justifies an owner taking matters into their own hands, is hugely presumptuous. It deserves to be shut down in no uncertain terms.

(Why does the board need to shut this down? Because the association is now responsible if the wrong kind of paint was used, or if it starts to look crappy after only a couple of years, or maybe requires scraping/removal before new paint can be applied, requiring a more expensive redo. Not to mention the fact that if the owner had been injured while performing this work, the association would likely be liable. As I said, hugely presumptuous. If I were on the board, I would want to hit the owner with as severe a penalty as is justified by the governing docs, especially if this isn't a one off but instead a pattern of misbehavior.)

AugustinD


Posts:601


05/30/2021 1:31 PM  
Posted By CathyA3 on 05/30/2021 1:11 PM
If I were on the board, I would want to hit the owner with as severe a penalty as is justified by the governing docs, especially if this isn't a one off but instead a pattern of misbehavior.)
Not meant as sarcasm (because I do see and even largely support CathyA3's, KerryL1's, JohnC46's and other's point): Short of going to court, I suppose there is no winning against a board that is not complying with its maintenance obligations, even the bigger ones, despite a couple of years of complaining. It's me empathizing with COA members whose boards are uncommunicative and/or not reasonably on top of things.

A bit of background on the doors that may or may not be relevant:

https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/256537/view/topic/Default.aspx


LaskaS
(Texas)

Posts:494


05/30/2021 1:32 PM  
Melissa, Honest to god I think you have some sick pleasure from taking the troll position. You clearly have not read all of the details I have included.

I believe, the determination of whether the additions and temporary beautification of a common area ,that the association still has not restored post harvey , rises to the level of damages is a legal question that would be determined through a civil case, should the board so choose.

I am not looking to sue the association, when you keep saying it enforces my suspicion you have troll envy.

regarding your statement...".Laska decided what the landscaping "standard" is. It isn't meeting their "Standard" so the HOA or PM is at fault or doing nothing?"
That is a complete mischaracterization of the situation.. I have never said the changes I have done should be the standard. I actually don't think they are even close to good enough. It was actually me just trying to make small temporary improvements until the job was done professionally (as required by our declaration)But, my changes were better than nothing! I do however know that doing nothing for 3 years and never having properly replaced the soil that was washed away is not good enough. I do know that doing nothing and leaving hard pack clay is not proper or acceptable landscape maintenance.

Augustine, I actually do know that my improvements are not in accordance with our association through the board being responsible to "maintain the common areas in a manner consistent with a first class condominium association" (that's straight from the bylaws)., its vague, but doing nothing is not one of the possibilities of acceptable upkeep and maintenance. I do know that. I'm saying that I did no harm. The board has every right to remove the plants i placed( the rules and regulations actuallys say "residents may not plant flowers or plants in front of their unit or in any common area without prior consent of the board of managers. The board of managers reserves the right to remove anything planted without such consent")

However, for JB to represent to the board that I caused damage, and for him to literally make up a monetary figure based on nothing other than his word. Figures which are not supported by our financials..(there has been no purchases of plants for the association for over a year. ) For the board to not even bother to verify the information jay presented. For noone on the board to recognize"hey, we can't just assess a charge, all owners have a right to the due process etc.." It's negligent. It's a failure on so many fronts It just is sickening.

Here is what I want. I want the charges removed from my account. If the board then reconsiders their options and decides to move forward. I expect a letter and notice and opportunity to present evidence . I want an impartial, fair consideration of the information. If it turns out there is no receipts for what jay claims were damaged plants. If i show before and after pictures with meta data showing the dates they were taken. If i can show that the plants in the after pic were all plants that I purchased and or propagated from other full grown plants and or salvaged from a friends house who was redoing their entire landscaping and offered them to me, then the board should note in the minutes that none of JB's information can be substantiated or proved . If the board is claiming there is going to be a cost to remove them, I can remove them. An owner must be given a chance to remedy a violation before a fine can be assessed.

Regarding the door painting
As a board member I had been asking for over a year for the board to address the lack of uniformity. After months of discussions with no action. The board finally agreed and voted to proceed. The color choice was generally agreed upon,(light beige or gray doors, darker coordination gray or beige trim). Of course, that vagueness and lack of picking an actual specified color from our sherwin williams vendor , I knew was going to end up being another excuse for delay. I told the board, since no one else has taken the initiative I volunteer to go get paint samples and paint sample boards so the board can choose the exact colors. I went and chose color combination in accordance with the vague specs the board agreed to. When I painted sample boards, I realized the boards did not give a true representation of the color choices. (amount of light and time of day that a painted object is viewed significantly effect the appearance of paint) I decided to paint all the doors i in my building(5 doors) according to one of the choices. The color schemes were similar , the difference would not be noticed unless you were told to examine. After I did this, I took pictures and asked other residents and 4 board members to pick their favorite. Once the favorite was chosen, I repainted the 4 doors to match the chosen color scheme. Unfortunately, the doors still are not painted on all the other buildings. Guess who has been the root of the lack of implementation of the board decision and motion.. JB.. His choice of color combo was not what the board chose.


AugustinD


Posts:601


05/30/2021 1:44 PM  
Posted By LaskaS on 05/30/2021 1:32 PM
I told the board, since no one else has taken the initiative I volunteer to go get paint samples and paint sample boards so the board can choose the exact colors. I went and chose color combination in accordance with the vague specs the board agreed to. When I painted sample boards, I realized the boards did not give a true representation of the color choices. (amount of light and time of day that a painted object is viewed significantly effect the appearance of paint) I decided to paint all the doors i in my building(5 doors) according to one of the choices. The color schemes were similar , the difference would not be noticed unless you were told to examine. After I did this, I took pictures and asked other residents and 4 board members to pick their favorite. Once the favorite was chosen, I repainted the 4 doors to match the chosen color scheme. Unfortunately, the doors still are not painted on all the other buildings. Guess who has been the root of the lack of implementation of the board decision and motion.. JB.. His choice of color combo was not what the board chose.
Sounds to me like the Board consented to your painting the doors. I bet when you were painting, you didn't even have to don dark clothing, camouflage paint and a watch cap. [wink]

(Okay okay; I know some of the HOATalk veterans here want me staked to an ant hill, to be eaten alive, for not coming down squarely against all HOA/COA sedition. I readily admit the HOATalk veterans are right: A HOA/COA member should not maintain/improve/repair/et cetera common areas, for all the reasons raised in this thread and forum in the past.)
LaskaS
(Texas)

Posts:494


05/30/2021 2:01 PM  
augustine,

you are correct.. however. when a resident or owner violates a rule or regulation there are legally required due process steps that a board is required to follow.. When a board fails to follow the basic due process rights of owners , When not a single board member knows the actual requirements. THIS IS A PROBLEM.

I agree too,,, in retrospect I shouldn't have planted plants. Once I received notice. I stopped. THAT SHOULD HAVE BEEN THE END OF IT. At most, i may have been instructed to remove my additions or the association would do it and charge me.

Instead, JB created a false narrative regarding my work, Jb called executive session during a board meeting and from whatever he said the board voted to assess my account for damages.( i was given this info from a board member, but the board member doesn't want to be seen as a sympathizer to Laska, so he gave me a summary and swore me to secrecy).

JB then instructed the accounting company(in his role as the property manager) to bill my account $770.

I receive a letter telling me what was done and threatening me with further fines If i don't pay.


I am not giving in here. The board is going to have to do this over... At that point, I will need to investigate what options I have for an impartial committee when I present my defense and evidence refuting any damage claims.

NOWHERE IN OUR DOCUMENTS or state law is the board of a condo association allowed to secretly meet and vote on damages assessments and fines.

LaskaS
(Texas)

Posts:494


05/30/2021 2:17 PM  
Augustine, the board agreed to let me go get samples and paint sample boards,, I made a logical decision to paint the actual doors in an actual building so that the board and owners could have an actual true visual of what the colors looked like.
I didn't have to do this, but i did because it makes sense and ensures that the choice made by the board would not be second guessed after the fact for "not looking like it did on the sample boards"

Basically,I don't want to say this, because it sounds conceited. But what I have done is what any professional paid project manager would do to ensure great results. Most of the other board members can barely be bothered to phone in to the monthly meeting. Honestly, my overdelivery makes them look bad and they know it.

I'm more thorough in my gathering of relevant information than any of the other board members. Many of the warnings or contentions I have made to the board regarding something that was not right and would end up a failure turned out to be true. Every time this happened, instead of gaining credibility , It made JB resent me more.

I also agree that I can be a pain in the ass . That's not a crime. I'm not trying to get everyone to like me. When i was on the board I was trying to assure that the association through the board was restored and maintained in accordance with our documents. More often than not, other board members thought it was a waste of time to have to follow the required procedures .
JohnC46
(South Carolina)

Posts:11059


05/30/2021 2:18 PM  
Laska

Typically a BOD can meet in Executive Session to discuss an accusation of a violation. The reason for this is to protect the identity of the person being accused. You do not want people being accused in public when the accusation might be wrong like the accuser having a vendetta against you. Once the BOD agrees a violation has occurred and the accused is notified, the accused can request a hearing in front of the BOD and request that this hearing be open to all owners.

This open hearing would be one way to expose the accuser.
AugustinD


Posts:601


05/30/2021 2:25 PM  
Posted By LaskaS on 05/30/2021 2:01 PM
when a resident or owner violates a rule or regulation there are legally required due process steps that a board is required to follow.. When a board fails to follow the basic due process rights of owners , When not a single board member knows the actual requirements. THIS IS A PROBLEM.
Where have I ever said otherwise?

Who dug up the state law to back up your position on this, saving you, I dunno, like $300 in attorney consulting fees?

Ignore MelissaP1. I swear to god, if the woman ever quoted a state statute section, the Sahara would see a foot of snow; the Amazon would dry up; Mars would have crater-side condominium associations; and all human suffering would cease.
AugustinD


Posts:601


05/30/2021 2:28 PM  
Posted By LaskaS on 05/30/2021 2:17 PM
the board agreed to let me go get samples and paint sample boards,, I made a logical decision to paint the actual doors in an actual building so that the board and owners could have an actual true visual of what the colors looked like.
I believe a number of the HOATalk veterans will now enjoy a field day over the use of the word "logical" above. They're not wrong, afaic.

MelissaP1
(Alabama)

Posts:10247


05/30/2021 2:29 PM  
I will never ever mislead anyone nor act like a lawyer. So do NOT ever expect me to quote a law or statute. It's NOT my area of expertise nor to lead people any kind of way it could be. I don't practice law. That is for a professional not a free online advice giver.

Former HOA President
AugustinD


Posts:601


05/30/2021 2:36 PM  
Posted By MelissaP1 on 05/30/2021 2:29 PM
I will never ever mislead anyone nor act like a lawyer. So do NOT ever expect me to quote a law or statute. It's NOT my area of expertise nor to lead people any kind of way it could be. I don't practice law. That is for a professional not a free online advice giver.
[internet snarl] Then it's also not your place to opine when a member is violating covenants.
LaskaS
(Texas)

Posts:494


05/30/2021 2:51 PM  
hey quick question...


The main courtyard fountain has been out for two weeks. I guess you all would advise me against fixing the pump huh??lolololol(=just kidding)


backround...

I was the person who originally purchased and installed the pump for the new fountain.
The fountain was a donation. A friend of mine was tearing down an old home and landscaping and building a custom home . I had asked what they were doing with the fountain and they said Its all mine. I contacted the board president at the time and informed them of the fountain and he agreed to let me and two maintenance men go get the fountain and then have it set up here in the courtyard.
I then offered to order and install the water pump.(manager at time , ok 'd it) I did all the setup and installation of the actual tiers. leveled it. installed the pump. etc etc.

The fountain not working has been reported for the past 3 weeks. I warned the board and JB that the fountain was not being maintained. (this would entail 5 mintues a day of basic cleanup and clearing of the pump) . JB dismissed my warnings. the fountain pump failed. GO Figure.

The property currently has zero maintenance staff.

Since JB has been acting as property manager, the association has been operating without a full staff of 3. (this is 7 months now). We had only one. When questioned about the status, JB's response was that he had interviewed 2 candidates but he didn't think they were good. UM, then why didn't you keep interviewing and searching!

guess what happened 3 weeks ago. the one maintenance employee who was the lead maintenance tech and has been with us for over 25 years fell off a ladder. I'm not kidding. Thank god his is not paralyzed. This is a tragedy that could have been avoided had the acting property manager ensured no work was performed on ladders without someone at the bottom of the ladder.(this is the safety protocol that has been in place for as long as i can remember) Oh wait. we don't have any other employees.

again, the failure of this board and JB are too numerous to list. I am positive that the association is going to be paying dearly. we have insureance.But at the end of the day, this was clear negligence on JB part. He won't be held accountable. The insurance will pay. The owners will have to incur increases assessments to cover the increased liability insurance.

anyway,,
So, in an effort to handle an easily solvable eyesore. I sent the board and property manager an email volunteering to fix the fountain. No response from board members. JB as office manager send me an email telling me no. the association doesn't allow owners to make repairs or purchases for the common area....


I apologize for the boring detail.. I think writing out the specifics helps me process what exactly has happened.








LaskaS
(Texas)

Posts:494


05/30/2021 2:53 PM  
augustine, i wasn't questioning you.

I was questioning other respondents that keep piping in trying to say that because i violated a rule, this gives the board the right to assess me without due process. You are the only one that recognized. they can't do that.
LaskaS
(Texas)

Posts:494


05/30/2021 2:59 PM  
JohnC , yes I agree with your explanation of what would be a proper procedure.

Unfortunately, as I have stated and explained, i was not given notice and not given an opportunity to defend the accusations. I was simply notified by the property mananger that my account has been charged $770 for "destruction of plants in common area"..



Ah,, I stand correct. The letter notifying me my account has been charged.. did not say damages. it said "destruction of plants,shrubs in common areas"

this seems to me to refute those who claim that I damaged the common area. I absolutely did not destroy plants and shrubs.
LaskaS
(Texas)

Posts:494


05/30/2021 3:17 PM  
Augustine,

Please be assured, you help was huge!.. I was aware of the tuca statute that required due process. But It didn't appear to me to be applicable to our condo which is goverened under 81. That's why I came here to ask. A few hoa talk members also thought that the due process provisions in TUCA 82 didn't apply to my condo. You reviewed and recognized that in fact it did apply and explained why. THANK YOU THANK YOU THANK YOU
KathleenS3
(Texas)

Posts:3


06/08/2021 8:32 AM  
LaskaS: Two Houston lawyers come to mind: Mitchell Katine and Shannon Lang. They each represent owners and associations. Harris County Courts are not as loving towards bully HOA/condos as they once were, since a great deal of abuse has come to light over the years, and every legislative session has more locking of the barn door after the horse is out. This year's highlights: Amendment of Subchapter C, Chapter 82, Property (Condo records, fining policies, etc); prohibiting HOAs and other governing bodies from banning religious displays (like, who is offended by a mezuzah?); requiring HOAs to allow chickens in the back yard (didn't pass, but was fun to watch the crazies going crazier over this possibility).

AugustinD is correct: the prior notice and hearing requirements are NOT optional under TEXAS law. Fashioning the proper remedy for violation of the MANDATORY notice and hearing may be an issue. Some courts will rule the action void ab initio, others may impose a fine. Let your lawyer guide you on the strategy here.

Texas allows a case of your amount in controversy to go to a variety of different trial courts for the original filing. There are advantages and disadvantages to each court. Your lawyer can explain the inside baseball strategies of each. Dump the whole lousy story on their desk and let them tell you which items to pursue and which to hold for the inevitable pushback from your condo association.

Frankly, it does not sound like the Board is getting any, and/or competent legal advice. Or they may not be being totally forthcoming with the lawyer they have.

There is still that pesky remedy issue - like, what do you want to see happen? Again, find a lawyer in whom you have confidence and work with them. Tell them the whole sordid story. Let them figure out how to make the chicken salad and what it likely will cost you, and THEN you decide how to move forward, if at all.

Good luck!

[PS - this post does not constitute legal representation and does not create an attorney-client relationship]

LaskaS
(Texas)

Posts:494


06/11/2021 2:36 AM  
Kathleen, If you can believe it. Katine is the lawyer for our association. I actually was the one who found him back in 2019 when we needed a good lawyer to handle the lawsuit we were dealing with.

I have mixed feelings about Katine.
However, no doubt about it, He is a great attorney.. ( he runs up the bills, in my opinion, ) but he is definitely a great litigator.
LaskaS
(Texas)

Posts:494


06/11/2021 2:37 AM  
augustine,

Mitchell Katine was the one who told me that our condo board did not have a fiduciary duty..ugg
AugustinD


Posts:601


06/11/2021 10:01 AM  
Posted By LaskaS on 06/11/2021 2:37 AM
[redacted to comport with forum rules] was the one who told me that our condo board did not have a fiduciary duty...
LaskaS, haven't you been posting here for something like three years. Are you seriously unaware of the rule that prohibits giving the names of people?

From https://www.hoatalk.com/PostingRules/tabid/71/Default.aspx :

"(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person."

MaxB4
(Maine)

Posts:382


06/11/2021 10:06 AM  
Posted By AugustinD on 06/11/2021 10:01 AM
Posted By LaskaS on 06/11/2021 2:37 AM
[redacted to comport with forum rules] was the one who told me that our condo board did not have a fiduciary duty...
LaskaS, haven't you been posting here for something like three years. Are you seriously unaware of the rule that prohibits giving the names of people?

From https://www.hoatalk.com/PostingRules/tabid/71/Default.aspx :

"(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person."




Actually, it was someone else that posted the names of the attorneys.
AugustinD


Posts:601


06/11/2021 10:10 AM  
Posted By MaxB4 on 06/11/2021 10:06 AM
Actually, it was someone else that posted the names of the attorneys.
Are you sure LaskaS did not post the name of an attorney?
LaskaS
(Texas)

Posts:494


06/12/2021 2:19 AM  
sorry about that. I thought since someone else mentioned the names, it was ok to repeat.. but i will refrain from doing so going forward
Please login to post a reply (click Member Login on the menu).
Page 2 of 2 << < 12
Forums > Homeowner Association > HOA Discussions > ok , i need a lawyer



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement