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Board members using HOA as a money-making machine

  
  
  
  
  

My HOA authorized without my permission the replacement of my upscale skylights which were 20 years old. The project was being done to 4 condo owners out of 86 condos. The HOA wouldn't even tell us what type of skylights were going to replace the upscale ones we had. Since 3 condos were owned by senior citizens, they probably thought we were too stupid to care. They used about 5 different excuses which the DCA and I found out were not true.

The last excuse was that an engineer advised them to replace the skylights because the very upscale skylights we had wouldn't outlast the 50 year roof. The HOA told the four condo owners that since skylights are windows and the condo owners are responsible for the windows, we had to pay for the skylights. I never agreed on this being done and told them I would only pay if the ones put in were of the same quality. I found out that the skylights they put in were from Velux's economy group and were worth $225 and the flashing $100. I then looked into what the ones they removed would cost with the copper flashing and many upgrades and found out that they cost between $1500 and $1700 because no one stocks them and they would have to be custom made.

Even worse than the cheap skylights is that two leaked on my furniture and ruined my tables which are now scratched and spotted and the HOA doesn't want to take care of it and the roofer didn't have insurance. If that isn't bad enough, everyone of my 7 skylights which were put in by the roofer have broken seals according to Velux. The life expectancy of the $225 skylights is not near 50 years & all 7 of my $225 skylights need to be replaced already because they are defective with broken seals and they get condensation between the panels and are cloudy and dirty already one yr. later. To make me feel better about my condo being used as a money making machine for some of the board members and the management person, yesterday in the mail I got a lien on my property because I didn't pay for my skylights which are all defective and against the bylaws. Do they have a right to do such an horrible thing to me when they have hung me on the cross a few times already. I can't believe what some people like a banker, nursing home administrator, and a pharmacist can do to make money, of course, along with the white trash management person who is married to the company's owner who probably might have been honest before.

Comments

I would recommend that you seek legal advise where you live.
Posted @ Monday, October 11, 2010 7:59 AM by Susana Murray
It's hard to understand why you accuse the directors of using the HOA as a "money making machine." The three people you described made changes that you don't like. That doesn't mean that they were wrong or crooked. 
 
It means that you don't like what they decided. You seem to confuse your opinion with fact. Surely if they paid for a fifty year roof (I didn't know that there is such a thing) then they would have wanted a very good skylight to match. Are you accusing them of being in the skylight business?
Posted @ Monday, October 11, 2010 8:35 AM by michael e katz
The reason I have recommended you seek legal advice in your area is because you may be right but you also may be very wrong in your allegation. You have to review your own governing documents and state laws to find out if indeed you have the right to contest the lien placed on your property.
Posted @ Monday, October 11, 2010 9:52 AM by Susana Murray
This is the fifth or sixth time I have read a posting on this very same issue. It seems no one is able to give you the kind of advice you are wanting to hear.
Posted @ Monday, October 11, 2010 10:23 AM by B Lukas
I would get your documentation trail together and see a lawyer or 2. Get everything in writing on the value or replacement cost of the "like for like" skylights and the ones they stuck in, including labor estimates. Get estimates for repair of your damaged tables. If the work was done by an uninsured contractor, can you prove the HOA failed to properly vet the contractor? If their processes are not clear and documented, they may have some liability or an error and ommissions policy you could make a claim on. Remember, if they failed to ask for a named insured amendment adding the HOA to the contractors policy, they should do that in the future for just this reason. Try being civil, but get prepared to file a lawsuit or counter suit against them for the differences in cost & damages, to force a release the lein, etc. Let them know if you prevail you will likely seek reimbursement of your legal costs. Documentation & proof will be the key to a successful resolution for you. With out that you are just a frustrated and uninformed homeowner in the eyes of the HOA.
Posted @ Monday, October 11, 2010 2:41 PM by John D.
I, too, wonder why you accuse the board members of using the HOA as a "money machine". Are you saying they received kickbacks on these skylights? If so, do you have proof of this? If not,and you continue to spread what may be false info you may find yourself in court. 
 
 
 
Regarding the lien on your unit; the BOD has the authority to place a lien on your property for nonpayment of assessments. This is a legal action. The worst thing an HOA member can do is to withhold payment of their assessment in protest of a board action. Even if the board acted illegally the members are obligated to pay their assessment. BTW, any monies owed to the HOA, other than fines, penalties and attorney's fees, are considered "assessments".
Posted @ Tuesday, October 12, 2010 5:45 PM by mary
Just wanted to clarify that I just got the lien on my condo in Oct. of 2010. I have accused them only to you in writing. Some of the reasons is because we had a warranty on the roof that was replaced and it still had 9 years left before the warranty was up and not one person had a leak. The HOA & PM just thought our condos which were the models and the first ones built were probably the first to need a new roof when in fact because the first builder put quality items in the first 35 condos, our roof was still under warranty for 9 more years and not one person complained about a leak at all. This replacement was not needed and none of us could believe it when we heard they were going to do this. The HOA had about 5 different reasons and when proven wrong by the DCA, they would come up with another reason. The last reason was that they brought an engineer in to examine the skylights and the lawyer wrote to the DCA that we should leave it to the professionals and sent to the DCA the letterhead from the engineering firm but the person who got on the roof was someone with a Zoology degree and just one engineer worked at that firm, the owner and he did a report for us saying that the roof we had was up for replacement in 2023 and he never mentioned the skylights, possibly because he was smart enough to know that the association had to pay for them or smart enough to know they were too good to replace. I actually called the engineering company only to have the Zoology gal lie to me on the phone about her title so I was told by the President's secretary. Our HOA and Pm didn't know the history of our condos and were not qualified to make the decision. If you are lucky enough to have an honest good PM, I envy you and wish you keep that person because they are hard to find. Anyone at this point would be better than this person who just left our condo because of fear that the co. would lose the account even though the PM is married to the owner. The feedback this management company has is so bad that people who wrote the feedback are warning others to get rid of this mgm. company or they will run down your condo and that is exactly what was done. Now the pres. wants to leave probably for fear someone will comment in front of his wife and daughter. We were never able to even email the last two presidents because they didn't want their loved ones to see what corruption they are pulling.
Posted @ Sunday, October 24, 2010 8:00 PM by Chilly
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