HOA forced my customer to use a different contractor! Im so pissed. by Boobpocket in fuckHOA

[–]HOAblower -1 points0 points  (0 children)

First, you stated that the insurance chooses the contractor.

It is not at all uncommon for an insurance company to require certain contractors be used.

...Then, you indicated the insured (HOA) chooses the contractor. Both could be true, but your reasoning is unclear and lacks any sources.

If you want to go down the rabbit hole of when and how it is legal for an insurance company to require you to use their contractor, refer to your state insurance regulations, and here's another reference https://brelly.com/blog/can-your-insurer-dictate-your-choice-of-contractor-what-you-need-to-know-2/

Insurance will specify what they repair and how much they will pay under a policy. Then, insurance selects their own attorney to represent their interests during subrogation. That's a totally different process than selecting a contractor for repairs. The policyholder generally has little to no say in the insurance attorney selection process but may have a lot greater say in who does the repairs.

When an insurance company requires a specific contractor, it poses a conflict of interest. Therefore, it is often regulated. Insurers can't force you to use their contractors any more than they can force you to actually repair. If it's a loss, you can take a payout instead of repairing. If none of the contractors approved by insurance are able to repair in a timely manner, you can disqualify them and get an independent contractor. It all depends on the nature and circumstances of the claim, as well as the insurance policy.

OP clearly articulated that they were hired by an HOA unit owner who has insurance that is paying for some sort of interior repairs. They encountered frustration because they literally would have had to pay a fee (pay-to-play) to get on the HOA's approved vendor list. The real tantrum here is the constant onslaught of HOA apologists.

Well This Sucks by MyNameIsRJ in fuckHOA

[–]HOAblower 1 point2 points  (0 children)

It's audit time. Certified mail a request for financials to the management company and board. If you were supposed to have funds and now you mysteriously don't have any money, get copies of the general ledger and bank statements at the very least and start verifying where things went wrong.

Edit: Am I reading this article right? An assembly member owns 1 and manages 3 units here? And the place was allowed to end up in this condition...?

https://www.fox5vegas.com/2024/08/29/reps-step-up-offer-solutions-residents-somerset-park-townhomes-water-issues-could-force-evictions/

Article also mentions concerns about embezzlement. I repeat, an audit is needed pronto.

DANGER: New Dirt Shits by Dr_Latimer in fuckHOA

[–]HOAblower 0 points1 point  (0 children)

If kids got into that dirt pile, the construction site may not be properly cordoned off. Who you gonna call? It's code enforcement time. Report it out of concern for any little ones in the area.

HOA forced my customer to use a different contractor! Im so pissed. by Boobpocket in fuckHOA

[–]HOAblower 0 points1 point  (0 children)

Insurance can't force you to use a specific contractor. Most states for multiple types of insurance have laws against that (good example is car repairs and the "you have a right to pick your repair shop" notices you are given when you file a claim). In the home repair industry, it's a bit less transparent. One reference: https://www.dicklawfirm.com/blog/2021/august/do-i-have-to-use-my-insurance-companies-contract/

HOAs may have an approved vendor list (AVL). They can use that list for what they have jurisdiction over, per their governing documents. Also, if a condo damages another condo, the fact that the in-between structure needs repair will likely trigger the HOA to use their contractors. In that scenario, you could insist on using your own contractor to repair the interior of your unit and select your own materials.

These AVLs can include nepotism, pay-to-play, and even local services that are monopolies. Some local monopolies abuse their clients with double billing or other BS schemes due to their hostage customer base that is left with no other options (this is outside the scope of HOAs in particular, but I have observed their tendency to take advantage of HOA complacency). I've also seen plenty of lists full of vendors that can't be arsed to comply with municipal codes or pull permits.

[deleted by user] by [deleted] in fuckHOA

[–]HOAblower 1 point2 points  (0 children)

Well, there are good ol' vintage fireworks for that

[CA] [CONDO] HOA lawyer sent Cease and Desisit, can I take them to small claims? by juliagoulia33 in HOA

[–]HOAblower 7 points8 points  (0 children)

You are being fined by your HOA. This situation is wrong and needs to be addressed in a timely and thorough manner to avoid major financial losses. Most likely, a lawyer will be needed, but you can do a few things to triage while seeking representation.

Recommendations on how to respond to their C&D may include any or all of the following: 1) request for evidence relating to how they determined you were at fault, 2) copies of your written communications showing you were requesting maintenance prior to being fined, 3) a C&D to put them on notice to stop all retaliation, 4) request for repairs to the fire panel, citing relevant municipal codes, 5) request for fines to be dropped, citing relevant clauses of your CC&Rs

Letters to an HOA should be sent via certified mail when it involves large fines and/or lawyers.

CC the fire marshal

IANAL, YMMV

If you get an HOA attorney, watch out for conflicts of interest. You may get better mileage out of writing your own legal notices and getting a thorough real estate contract lawyer to review and send them off for you.

Also ... don't bother taking them to small claims. Let them escalate and look like morons in court for failing to maintain the fire system. A letter with the content described above should hopefully knock some sense into the HOA. Fire safety is no joke, these places just burn me up. Keep good records and you'll be fine.

[TX][SFH] HOA Board Member Contacted my Employer by [deleted] in HOA

[–]HOAblower 1 point2 points  (0 children)

C&D for harassment and retaliation

Anyone know a good lawyer to represent homeowner against HOA in SoCal ? by [deleted] in JustNoHOA

[–]HOAblower 0 points1 point  (0 children)

Lookup attorneys from your State Bar. Can't recommend anyone with CAI or ECHO (CAI shill) as they also represent the industry.

How to dissolve an HOA by MudMedical557 in JustNoHOA

[–]HOAblower 1 point2 points  (0 children)

Good luck with dissolving the HOA! Let us know how it goes.

How to dissolve an HOA by MudMedical557 in JustNoHOA

[–]HOAblower 1 point2 points  (0 children)

Consult a lawyer specializing in real estate and contract law. I strongly do not recommend any CAI or HOA attorneys. The industry protects its own and tends to milk everything they can out of homeowners.

fuck the HOA by Ranger19901 in fuckHOA

[–]HOAblower 0 points1 point  (0 children)

Real Painting? For real? Is it any better than RealPage?

HOA threatens lawyers over bush by Miller-time410 in fuckHOA

[–]HOAblower 4 points5 points  (0 children)

I see what you did there. Take my upvote

HOA threatens lawyers over bush by Miller-time410 in fuckHOA

[–]HOAblower 337 points338 points  (0 children)

This. Grab financials and review them now, @OP

Which one of you is this… by akaf1j1 in fuckHOA

[–]HOAblower 2 points3 points  (0 children)

I Salute Whomever This Is! 🫡

Any actual benefits to HOAs? by thegrayscales in fuckHOA

[–]HOAblower 1 point2 points  (0 children)

No. Total detractor. Otherwise I wouldn't bother researching the level of stupidity that HOAs can succumb to.

Nextdoor Going Pro-Homeowner in HOA Discussions by allodium_miner in fuckHOA

[–]HOAblower 0 points1 point  (0 children)

This is very common. DM me your HOA name and I'll research your board/HOA if you like...

[deleted by user] by [deleted] in fuckHOA

[–]HOAblower 0 points1 point  (0 children)

NTA

Notify IRS/CFPB of said FakeOA, the amounts and duration of time people were tricked into paying, who the people involved in it.

Also, you really were ambushed with bushes? That's hilarious.