Homeowner repairs [Contesting HOA responsibility]

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McDuff10
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Homeowner repairs [Contesting HOA responsibility]

Post by McDuff10 »

Good evening. My local homeowners association plans to pay for repairs on the property of my neighbor. According to our CC&R documents, it does not list this particular type of structural repair as homeowner association maintenance responsiblity. The document makes clear what is the responsibility of the association and this repair clearly falls outside that scope.

Suggestions from the forum? Should I contest this expense?
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LadyGeek
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by LadyGeek »

This thread is now in the Personal Finance (Not Investing) (Homeowners Association).

Welcome! I retitled your thread and moved it into this forum, as it's better focused to answer your question. This isn't a big deal, don't worry about it.
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Fallible
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by Fallible »

McDuff10 wrote:Good evening. My local homeowners association plans to pay for repairs on the property of my neighbor. According to our CC&R documents, it does not list this particular type of structural repair as homeowner association maintenance responsiblity. The document makes clear what is the responsibility of the association and this repair clearly falls outside that scope.

Suggestions from the forum? Should I contest this expense?
Has the board said why it's doing this?
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jidina80
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by jidina80 »

Before contesting the planned payment, consider learning from the decision-maker why it will be covered within the terms of the agreement. Ask politely for the facts.
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McDuff10
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by McDuff10 »

Not sure on the logic of decision but I am curious how I politely fight it.
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patriciamgr2
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by patriciamgr2 »

Are you absolutely sure the HOA is not billing the homeowner for the expense? Many HOA CC&Rs allow for action to be taken by Board at individual owner's expense (or HOA expense repaid by a lien on the unit's title) if that owner has ignored a request to repair. Make sure you have your facts correct by calling the Board President.

If HOA is paying, send a polite letter to all Board members stating your belief that this is not an expense which should be shared by all owners, but instead should be borne by the individual owner. Follow your CC&R procedure for having this opened for discussion at the next meeting. Post copies of the letter on bulletin boards &, if practicable, mail/distribute to your fellow owners. [Investors may not show up at meeting, but--trust me--they'll take notice if your Board is fixing up a crony's unit at HOA expense.] Let me repeat again: do fact-finding first. In particular, if there is evidence of favoritism or kickbacks motivating the Board to misuse funds, fully document that because it may eliminate any protection Board membes have from liability.

If the Board continues on the path of misuse of HOA funds, your next stop is your state or county's HOA ombudsman (if you have one). After that, your only recourse is voting the Board out or filing a lawsuit.

In my experience, 99% of these disputes should be resolved by thorough research & reasonable negotiations.
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Uncle Pennybags
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by Uncle Pennybags »

McDuff10 wrote:Not sure on the logic of decision but I am curious how I politely fight it.
You point out the facts in the contract that show you shouldn't have to pay to fix your neighbor's house. If you and the HOA still disagree you let a judge decide.

This can't be answered without a copy of the contract and a detailed description of what the HOA wants to fix. Pictures would be helpful too.
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jidina80
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by jidina80 »

McDuff10 wrote:Not sure on the logic of decision but I am curious how I politely fight it.
There might not be anything to fight after you learn the facts about the payment plans. Rather than taking an adversarial approach from the start, it seems more appropriate to learn from the HOA whether they in fact plan to pay for the work, and ask them how that is consistent with the HOA CC&R documents. Seek to understand the HOA's logic.
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McDuff10
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Re: Homeowner repairs [Contesting HOA responsibility]

Post by McDuff10 »

Thanks for all the posts. I was able to get some clarification from the county/state that supported my position. Thanks again.
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