How do you deal with an awful HOA?

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How do you deal with an awful HOA?

Ayana Morali
Rental Property Investor · South Lake Tahoe, CA · Member since 2019 · 23 posts · 7 votes

Hi, I've got 2 leaks in my apartment - both stemming from an external issue. The front is the lintel, the back is unclear, some contractors say the lintel, some say the fire escape. I've had the issue for a year - 2 other times the HOA misdiagnosed the problem. This December, right before Xmas it was back. The HOA asked me to diagnose the problem. I sourced multiple masons and gave them my recs in mid-January. I rec'd one person that would cost $400 to diagnose the exact problem in the bedroom. They then said they want to go with a specific company that hasn't gotten back to them b/c they're busy. Yesterday they confirmed they'd go with the property management contractors but don't know when they'd be able to take care of it. The leak in the back is now active again. I sent them a video, no response. The president of the HOA acts annoyed with me when I follow up too much about this issue.

It's unbelievably frustrating. How can I compel them to actually get this done ASAP? Is this something I can call a lawyer about? Is there certain legal language I should use in an email with the president of the board?

Thanks in advance for any advice you can offer.

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Julie Hartman
Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
5y

The first thing I would do is organize all of your documentation/photos of the problems. This will include any supporting documents that the repairs are indeed under HOA purview. It should also include any diagnosis/estimates by contractors for repairs. Then go to the next board meeting and present your findings to the board and other home owners. If that doesn't get any traction, I would consult an attorney.

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  • Julie Hartman
    Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y

    The first thing I would do is organize all of your documentation/photos of the problems. This will include any supporting documents that the repairs are indeed under HOA purview. It should also include any diagnosis/estimates by contractors for repairs. Then go to the next board meeting and present your findings to the board and other home owners. If that doesn't get any traction, I would consult an attorney.

    1Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Ayana Morali

    I would stop paying HOA fees until this is fixed

    0Reply
  • Jonathan G.
    Investor · Marietta, GA · Member since 2015 · 382 posts · 258 votes
    5y

    @Matt M.

    It will be hard for the HOA to fix without funds and although there may some personal satisfaction from doing this, it will not solve or help to solve the issue.

    If there are any upcoming HOA meetings, plan to attend. Also familiarize yourself with HOA covenants and bylaws. Next, set up a formal meeting (phone / Zoom/etc) with your management companies point person. BE NICE but also have all the facts in order. Lastly, get on the HOA board as a treasurer, secretary, Vice President, etc. HOA board positions are volunteers from the community and non board members seem to think that are owed something for nothing.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Jonathan G.:

    @Matt M.

    It will be hard for the HOA to fix without funds and although there may some personal satisfaction from doing this, it will not solve or help to solve the issue.

    If there are any upcoming HOA meetings, plan to attend. Also familiarize yourself with HOA covenants and bylaws. Next, set up a formal meeting (phone / Zoom/etc) with your management companies point person. BE NICE but also have all the facts in order. Lastly, get on the HOA board as a treasurer, secretary, Vice President, etc. HOA board positions are volunteers from the community and non board members seem to think that are owed something for nothing.

    Except others in the complex will still be paying their HOA and the HOA should have reserves.

    I'd agree with the earlier suggestion of gather documentation, going to a HOA meeting and if they don't get it done by a certain time, consult a lawyer and tell them you are doing so.

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  • Jonathan G.
    Investor · Marietta, GA · Member since 2015 · 382 posts · 258 votes
    5y

    @Theresa Harris

    It cost the HOA money (legal fees) to go after non-payers. Expecting others to pay for bothersome personal problems (irrespective of who is at fault) is not a good philosophy. 

    0Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Jonathan G.

    If the HOA is expected to pay for repairs, and they aren't, or dragging their feet, no way would I keep paying.

    Reason #5472 why I'd never own a property with a HOA

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y
    Originally posted by @Matt M.:

    @Jonathan G.

    If the HOA is expected to pay for repairs, and they aren't, or dragging their feet, no way would I keep paying.

    Reason #5472 why I'd never own a property with a HOA

    Then the HOA would foreclose on your property and you would lose it. Not particularly good advice to stop paying HOA dues.

    [email protected]301-893-4635Podcast Guest on Show #192
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  • Ayana Morali
    OP
    Rental Property Investor · South Lake Tahoe, CA · Member since 2019 · 23 posts · 7 votes
    5y

    Yeah, HOA has power to foreclose if I withhold HOA dues.

    All hands meetings are once a year, so it's not an option to attend a meeting for this. I am definitely attending the next all hands and will be running against the President and will present all of this to the owners - but that is a separate thing than trying to fix this issue ASAP. I was on my HOA for my other property and we would have NEVER let a leak go this long. That's why I'm so surprised by his behavior.

    The President is fully aware of the issues, timeline, documentation, etc - he's just dragging his feet. It sounds like I just need to suck it up and deal with another month of leaking until they decide to pull the trigger on the fix?

    1Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    5y

    @Ayana Morali

    You need legal representation.

    Put some money on the legal end, and watch things happen.

    If legal representation says its for you to fix, stop crying about who can do it cheaper and get er done. $400 for an estimate may well be in line, but get a contract in writing giving you that money back if you use them to do the work.

    Otherwise people love to have me give a bid and diagnose the problem for free, and cousin George ends up doing it.

    An estimate cost will be hidden in the bill anyway. Time on the job must be paid for.

    If I have to use tools and labor to estimate a job, I will charge for that labor and tool use.

    Water is your enemy. There is nothing more important than to eliminate a water issue ASAP!

    [email protected]
    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Jonathan G.:

    @Theresa Harris

    It cost the HOA money (legal fees) to go after non-payers. Expecting others to pay for bothersome personal problems (irrespective of who is at fault) is not a good philosophy. 

    Except the HOA isn't doing their job and if there is a leak, it could cause structural problems or mold. The HOA needs to fix it and clearly they aren't.

    1Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Russell Brazil

    So it's ok for a HOA to not repair what they are responsible for?

    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y
    Originally posted by @Matt M.:

    @Russell Brazil

    So it's ok for a HOA to not repair what they are responsible for?

     I dont believe that's anywhere in my reply.

    Putting yourself in a position to be foreclosed on and lose your property however is not a very smart solution to addressing the problem.

    [email protected]301-893-4635Podcast Guest on Show #192
    District Invest Group546 Reviews
    WebsiteView Page
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  • Adam Azam
    Investor · New York, NY · Member since 2020 · 119 posts · 84 votes
    5y

    Before I say my opinion, let me say that I am not any kind of attorney or expert on this topic. This is pure person-to-person opinion, just me pondering and sharing my thoughts.

    I would start by doing some Googling on owner vs. HOA disputes, narrowed to your state. Then, unless I found a good answer here on BP, I'd call a real estate attorney in the jurisdiction your property is in. Find one with whom you can come in for a consultation. My goal would be to sue the HOA into action if they don't play ball.

    And read your HOA guidelines/covenants/whatever, there may be a grievance process defined, as well as remedies for issues such as yours. Knowledge is power.

    Good luck.

    0Reply
  • Nam Trang
    Investor · Seattle, WA · Member since 2020 · 106 posts · 89 votes
    5y

    You may also want to call the City to see if there are code violations that can be sent to the HOA for them to take action with in 30 days. A code enforcement person should be able to tell you some options over the phone.

    1Reply
  • Matt M.
    Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
    5y

    @Russell Brazil

    So what is the best course of action? Continue paying and hire an attorney and sue the HOA?

    0Reply
  • Jeffery Callis
    Rental Property Investor · Knoxville, TN · Member since 2020 · 51 posts · 40 votes
    5y

    @Ayana Morali

    1. Have your attorney send them a notice.

    Usually that's the quickest way to get anything done with a HOA. Especially if this has been an on going issue for 2 years.

    0Reply
  • Benjamin Wiles
    New to Real Estate · Fairfax · Member since 2020 · 4 posts · 0 votes
    5y

    Document everything in a letter with photos and receipts and send it to the management company. Ask that the topic be discussed at the next Board meeting. Ask for a written responses. Every board will be different but the last one I was on was very proactive and we would, I think, have hired someone to track down the cause. We would have charged you if it was not the HOAs fault. Another alternative is file an insurance claim and have your insurance company battle it out with the HOA.

    0Reply
  • Matt Castle
    Realtor · Gatlinburg, TN · Member since 2018 · 261 posts · 155 votes
    5y

    @Ayana Morali not legal advice here but I would send a demand letter by registered mail so you know they received it. Give a 5-10 business day reply based on your needs.

    You can also try filing a complaint with your local BBB if they will allow it. Call them up and ask. They'll let u know if HOA complaints are allowed.

    Lastly, hire an attorney. If you’re sufficiently angry now and you want heads to roll, skip the above steps and start here.

    0Reply
  • Ayana Morali
    OP
    Rental Property Investor · South Lake Tahoe, CA · Member since 2019 · 23 posts · 7 votes
    5y
    Thanks all! Lots of great advice to sift through. I really appreciate everyone's input!
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