Condo HOA problem and what to do

[Cut-Throat]

+1

The HOA is a good example of local democracy. All that is necessary for the bad guys to thrive is for the good guys to do nothing

+1 .... The HOA that I'm in currently; most of the Residents would let a Hitler type march off some residents to the Gas Chamber.

 

[Texas Proud]

That's right. He's retired from the government and doesn't have much else to do. I've thought about taking the board on but from what I've seen the other tenants are mostly passive and wouldn't do much.

The other problem you might have (look at the minutes of the meetings) is that he might get enough proxies to vote how he wants....


IOW, my mom's condo has people who pass out paper asking for your proxy for all HOA meetings... most of the time it is just to get a quorum.... but, it then leaves open the possibility for them to vote whatever they want...

 

[Kroeran]

As a general rule the broken window principle applies to collections. In my condo some delinquencies have been allowed to accumulate for years, and now they discover that there is a one year cap on recovery under foreclosure. New board still under builder transition.

I have my bank autopay my fees a full month cycle ahead of due date including some extra wiggle room, to avoid the risk of a fee. If you can’t manage the cash flow risk of an income interruption, you might be over leveraged.

Unless there is criminal fraud, I choose to ignore the eccentricities of HOA presidents and board members who are volunteering their time to manage issues on my behalf for no charge.

They generally get paid with ego trips rather than money. I go out of my way to kiss butt and acquire goodwill, which you need if something comes up with your unit, or you wish to get away with bending a rule.

Special Assessment risk will be dependent on the quality of your reserve study and condo reserve policy, state regulations, what is depreciating. You may need to set aside some money for this.

Setting aside the lovenest aspect, you could list the property at breakeven and wait as a middle path.

Condos are always trouble. Wife will never own one again after we sell.

 

[Scuba]

If you intended to keep your condo before this new policy was announced, I wouldn’t panic and sell now. The chance of a disaster scenario unfolding (large assessment that you can’t pay) sounds low to me.

Regarding the hassles re outdoor string of lights, etc., keep in mind that HOA’s usually document what is and isn’t allowed in the Rules & Regulations, and there are some good reasons why seemingly little things aren’t allowed. In my community, no one is allowed to attach anything to any exterior wall or modify any exterior surface without Board pre-approval as doing so could compromise the integrity of the building over time. Also there is a desire to preserve a somewhat uniform look. We lived in a condo before that didn’t enforce similar rules, and after several years, the place started looking pretty trashy. I know the type such as the President you describe can be a pain to deal with, but he probably cares a lot about preserving the building’s value so I would put up with the b/s and assume good intentions. If these types of rules really bother you or DGF, probably best to sell and live in a SFR.

 

[pb4uski]

.... He's already been harassing my girlfriend over little things like flower boxes on the balcony and a string of ornamental lights ....

Most condos have restrictions of that type... it would have been in the rules and regulations and declarations that you should have read before buying. For example, we can't keep chairs out on the common outside corridors and the inside of any window shades or curtains must be white or off-white. And we certainly couldn't have flower boxes on the balcony. The whole idea is consistency... if you're opposed to that then condo living isn't your cup of tea. I happen to like the consistency thing... otherwise the property ends up looking like any other eclectic apartment building.

 

[jazz4cash]

It sounds like they are aiming to get any tenants out that are unable to pay much higher fees. Amazon HQ2 is influencing housing throughout the region. As you know $700/mo is a bargain in the area. In Alexandria, It's not unusual for the HOA fees at a high end highrise to exceed the mortgage payment. It will be interesting to hear how you make out getting an updated copy of the budget.

 

[ShokWaveRider]

Sounds like the OP's home just got way harder to sell and condo prices in the development will or have already gone south. I would not buy in that development. How many here would?

 

[sheehs1]

In addition to the other comments, if you are confidant you can pay your HOA and any special assessment, I'd do the research you speak of and be a bit patient. As Cathy63 mentioned, just because it gives the HOA the right doesn't mean the action will take place or as fast as the new policy states.
I wonder if your HOA has a high delinquency rate or percentage with other owners taking advantage of the current policy? I'd find that out too.

I have a bit of a different perspective on this. In addition to my home, I do own a condo that is under HOA rules. We currently have a 10% delinquency rate and our HOA works with those owners for a fair period of time as long as they are paying "something". However, anyone who is delinquent is hurting the rest of the owners and the finances of the HOA. So, in a sense, this new policy also protects you. And because of this, I don't think this new policy will be as much of a deterrent if you go to sell as you might think. Why? Because it will tell a new buyer that the HOA is doing it's job to make sure all fees are collected.

As you look at the budget to determine the reserves and how much is allocated to reserves each year, see if there has been a "reserve study" and get a copy. The financial condition of the HOA and reserves is probably the most important thing here. It will tell you how likely it is an assessment is in the near future. Now...if they are just breaking even and there are minimal reserves...that's a different story and my recommendation would be different.

 

[Chuckanut]

Most condos have restrictions of that type... it would have been in the rules and regulations and declarations that you should have read before buying. For example, we can't keep chairs out on the common outside corridors and the inside of any window shades or curtains must be white or off-white. And we certainly couldn't have flower boxes on the balcony. The whole idea is consistency... if you're opposed to that then condo living isn't your cup of tea. I happen to like the consistency thing... otherwise the property ends up looking like any other eclectic apartment building.

My HOA also requires curtains to show off-white to the outside. That's what curtain liners are for, right? And the same goes for flower boxes on the balcony railings. But, we can put flower pots on the balcony floors. My neighbor's balcony is jungle like, but it's well kept. In season we have potted herbs near our front door, as well as tomatoes and peppers in pots. All within the rules since we don't dig up the existing vegetation. And we care for the stuff and remove the dead plants when the season is over with.

I can't keep my Christmas lights up all year long but it's a small price to pay to not have to cut the lawn, trim the hedges, rake the leaves, etc. every week.

 

[MichaelL]

Most condos have restrictions of that type... it would have been in the rules and regulations and declarations that you should have read before buying. For example, we can't keep chairs out on the common outside corridors and the inside of any window shades or curtains must be white or off-white. And we certainly couldn't have flower boxes on the balcony. The whole idea is consistency... if you're opposed to that then condo living isn't your cup of tea. I happen to like the consistency thing... otherwise the property ends up looking like any other eclectic apartment building.

Yes we read the rule book and try to keep to the rules. A couple of times my girl friend put up things that she later found didn't conform. It wasn't intentional and she fixed it as soon as she was notified. When I say harassing, I'm not talking about the management company sending us a notice, I'm talking about this imposing person who was watching a video feed of the security cameras in his unit coming down to the lobby when he sees my girlfriend there and standing in her way and haranguing her to the point where she is crying and calling me to come and help her.

 

[MichaelL]

... As you look at the budget to determine the reserves and how much is allocated to reserves each year, see if there has been a "reserve study" and get a copy. The financial condition of the HOA and reserves is probably the most important thing here. It will tell you how likely it is an assessment is in the near future. Now...if they are just breaking even and there are minimal reserves...that's a different story and my recommendation would be different.

That's what I am going to do. I'll get the budget and examine it. I agree that enforcement is necessary. I just don't want some crazy surprise like a $10000 special assessment with the threat of a lien because they need to fix some major infrastructure and didn't set the money aside.

 

[MichaelL]

HOA boards are elected by the members. The owners put them in office and they can take them out. And it takes more than one bullying person, even the president, to make the rules.

Have you considered running for the HOA board yourself? Perhaps its time to talk to some neighbors and run your own slate in the next election.

I assume your HOA board members are unpaid volunteers, right? Don't go so hard of them that nobody wants to do this important job.

Yes they are unpaid volunteers. In my place in California they did a good job and were nice people. I appreciate that things get done and I'm all for having the place run smoothly. I don't live in Virginia so I have my girlfriend go to the meetings to let me know what is happening.

This particular HOA president has lived there for 20 years and seems to have the others under his control. I think it would be hard to get people to oppose him. I objected when they tried to get me to pay $600 for something that wasn't mine to pay and the last time I saw him he got in my face and called me a problem.

 

[Brat]

Board communication style can make a huge difference. If the President had prefaced the communication with the need and fairness of the rule it would have been perceived differently. Even when the need for a special assessment is evident there will be some owners who protest and don't pay. That will cause the association extra expense to enforce and collect what is owed.

Absolutely take a look at reserves and what your rules say they can be spent on. Has there been a reserve study? That should tell you what should be done and an estimate of the cost.

 

[Chuckanut]

I'm talking about this imposing person who was watching a video feed of the security cameras in his unit coming down to the lobby when he sees my girlfriend there and standing in her way and haranguing her to the point where she is crying and calling me to come and help her.

This almost sounds like 'assault'. Perhaps you two should have a chat with the police to find out.

Definition of assault:

https://legal-dictionary.thefreedictionary.com/Assault

At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

 

[ivinsfan]

Yes we read the rule book and try to keep to the rules. A couple of times my girl friend put up things that she later found didn't conform. It wasn't intentional and she fixed it as soon as she was notified. When I say harassing, I'm not talking about the management company sending us a notice, I'm talking about this imposing person who was watching a video feed of the security cameras in his unit coming down to the lobby when he sees my girlfriend there and standing in her way and haranguing her to the point where she is crying and calling me to come and help her.

The next time this is happening your GF needs to call the police and file a report on this douchebag. In real time in front of the creep...BTW why does he has a security camera feed in his apartment, I'd call that stalking and raise holy heck.....

 

[MichaelL]

The next time this is happening your GF needs to call the police and file a report on this douchebag. In real time in front of the creep...BTW why does he has a security camera feed in his apartment, I'd call that stalking and raise holy heck.....

If it keeps up I will call the police or get a lawyer and sue him, so far I've been trying to keep it under control. After this happened I went to the management office to speak with the on-site manager and he was in there. I had a talk with them both about how we are trying to get along but I feel we aren't getting cooperation, as he is all about what we can't do, and is not helpful when I ask him how we can get things done. I made it clear that I would not tolerate harassment and encouraged them to work with me to avoid escalation. He sort of made nice at that point so we'll see what happens.

I also called the management company and asked them why he is allowed to have a video feed, but they didn't know and I need to followup. He is a former computer IT person and I wouldn't be surprised if he just connected the cameras to his cable wire. I told them that I think it's stalking and harassment. The point of the cameras is for building security not for enforcing the HOA rules against the owners. I also pointed out to them that since he is chummy with the on-site manager he as access to the master keys and can use the video to know who is home and who isn't and this creates a liability for the management company. I don't know if they will do anything.

 

[Ian S]

I'm a board member of our tiny HOA (22 units). A few years ago we made the mistake of trying to work with a dues-delinquent owner. We got strung along to the point where the bank foreclosed and there was no equity left to go after. The HOA was out thousands in lost dues and legal fees. We vowed never to try to be nice like that again and currently have a new homeowner who seems to have enough resources to update the unit but not enough to pay his dues. We figure he is in the process of flipping the unit and we have a lien implemented by our attorney and will force foreclosure as soon as we are able.

I know HOA's get a bad rep in the media but folks might be amazed at how owners try to cheat and get away with it.

 

[Brat]

MichaelL: time to see a lawyer about the resident harassing your GF. I would not involve the condo management at this time. Your lawyer can send a letter to the homeowner, cc the management company so that they will know that if they are facilitating this behavior they may be jointly liable.

 

[Aerides]

The next time this is happening your GF needs to call the police and file a report on this douchebag. In real time in front of the creep...BTW why does he has a security camera feed in his apartment, I'd call that stalking and raise holy heck.....

She should also pull out her phone and video the harassment. That will either make him stop, or provide some excellent evidence. Win Win.

I believe you have grounds for a privacy violation already, and would find time for a visit very soon to assess and register complaints. Make sure your GF is on a lease or some sort of documented agreement so they can't toss her out...

 

[sheehs1]

When I say harassing, I'm not talking about the management company sending us a notice, I'm talking about this imposing person who was watching a video feed of the security cameras in his unit coming down to the lobby when he sees my girlfriend there and standing in her way and haranguing her to the point where she is crying and calling me to come and help her.

I'd find out from the police if this is legal. I don't think it is. As others also said, get a lawyer to write him a letter. Do you know where his security cameras are pointed? If they are pointed at anyone's windows or doors...I really don't think it legal.

 

[bclover]

But there is probably no one willing to take on the job. That's how those types stay in those positions. My guess is he doesn't work only longer and if he had a lawn, he'd be making sure you stay off it.

and see that's what gets my goat. people want to sit back and let others do the work. I live in a townhouse development an luckily it's only 18 owners but I am stunned about how no one wants to step up and help. Oh yeah, they will complain if they don't think they are getting the services but god forbid you ask them to attend a meeting.

 

[MichaelL]

I'd find out from the police if this is legal. I don't think it is. As others also said, get a lawyer to write him a letter. Do you know where his security cameras are pointed? If they are pointed at anyone's windows or doors...I really don't think it legal.

The security cameras belong to the building. They have monitors at the concierge desk. They are all over. In the elevators, on the loading dock in the hallways. He has a feed up to his unit so he can monitor them from there. He's the HOA President, not the security guard. He's using cameras that are there for safety for him to enforce the HOA rules on the tenants and he shows up in the lobby whenever he sees something that he wants to get involved in.

 

[Jerry1]

The security cameras belong to the building. They have monitors at the concierge desk. They are all over. In the elevators, on the loading dock in the hallways. He has a feed up to his unit so he can monitor them from there. He's the HOA President, not the security guard. He's using cameras that are there for safety for him to enforce the HOA rules on the tenants and he shows up in the lobby whenever he sees something that he wants to get involved in.

He’s way out of line. Any concerns he has with other owners can and should be done in writing. His feed to the security cameras needs to be addressed. Even if it is acceptable for him to have the feed, it does not give him the authority to confront other owners personally (face to face). That’s a recipe for a big problem and guess who would have to pay legal fees in the event he does something out of line - that’s right, the HOA. IOW’s, you.

 

[sheehs1]

The security cameras belong to the building. They have monitors at the concierge desk. They are all over. In the elevators, on the loading dock in the hallways. He has a feed up to his unit so he can monitor them from there. He's the HOA President, not the security guard. He's using cameras that are there for safety for him to enforce the HOA rules on the tenants and he shows up in the lobby whenever he sees something that he wants to get involved in.

Oh..I thought these were security cameras he had placed.
I agree with you. As HOA President this is not his job. It would bother me tremendously that the HOA President rather than the security guard or those monitoring at the concierge desk has what I would call a private feed and is seeming abusing his power. Or took more power than he should have.

What company manages the property? I would definitely get in touch with them and write/file a complaint about his "feed" if they do not already know. Why? Because they have liability should he "go off" and do something even more dumb based on these security camera feeds. I'd also cover my bases by writing a letter to the HOA Board.

Do you know when he got on the BOD as President? You can ask for all minutes of the BOD meetings. I'm just wondering when they voted to give him this authority or if they did. Except that I don't think this is HOA BOD related at all. This goes back to who manages the building. Sounds like they have enough safety precautions and camera monitoring in place already.

How do you guys know that he hasn't placed other cameras in and around the property that tie into this feed? I'll stop now because the more I think about it, the creepier it sounds!

 

[Brat]

Have you asked the jerk why he confronted your GF?

Step 1: see a lawyer. If she is your guest you are entitled not to have your guests hassled. I assume she is arriving when your building doors are locked. Does she have a key/fob? We have fobs and carefully control who they are issued to. Have you registered a key/fob in the name of the GF? We require that visitors not accompanied by the owner sign a log. Do you have such a system?

If the Assn has lost control of the keys/fobs they should install a system that enables the Assn to disable the key/fob, it doesn't cost all that much. Our system even enables a particular fob to be used only during certain hours/days. A few years ago each owner had a master key and if one was lost the building had to be re-keyed. That worked well until an owner went to the hospital and died. His keys could not be found.

Step 2: read your condo documents, make sure the Board has Directors and Officers insurance.

Step 3: attend Board meetings. Recommend that the Assn hire a security firm to watch the cameras. Our building has suffered garage car prowls, we are considering installing video cameras. Residents are instructed NOT to confront, to call the police. We have posted "No Trespassing" signs at suspected points of illegal entry so that we can call the cops for lingerers on our property.

Step 4: run for the Board.