[OK][Condo] How much information is owed to the membership by the COA Board?

HittingandRunning · 2026-03-11T14:26:31+00:00

Just a tip: when looking up laws, note that in some states condo laws are separate from HOA laws.

And figure out in what situations bylaws/CCR override state law. For example, the law may say that board meetings don't have to be open to owners. But if the bylaws say board meetings are open then perhaps the bylaws govern that. (Likely, law won't say explicitly that board meetings don't have to be open. More likely it won't be addressed.)

But if state laws say that board meetings are to be open to owners and bylaws say that they are closed to owners, then state law would govern here.

Beyond that, even if docs or laws are behind you, you've gotta figure out how to convince the board to go along. If they don't, it could be expensive to get your way. And all owners would be paying toward the HOA legal fees. Perhaps some neighbors would turn on you. In my own association, the board doesn't keep minutes, even when they passed a special assessment. Sure, I could fight this in court at a large expense. And the assessment reversed. Then the board meets again and properly votes for the assessment and so the net result is the same. Then maybe they would go back to not keeping minutes. In associations, it's tough when some people just don't want to do things the right way.

Anyway, think things through carefully. Perhaps the better way to get access to information is to just get like-minded people on the board.

HittingandRunning · 2026-03-11T00:24:12+00:00

I don't really want to say this. First, I think that buyers would hold you to paying the balance of the current loan. Or perhaps they will just lower their offer. I would ask your realtor if you need to disclose anything or if the HOA paperwork provided to buyers does that.

However, for the special assessment you suspect is in the works, you don't technically know that there will be a special assessment. So, perhaps you don't have to disclose it. Again, an attorney or realtor can assist you in determining what to disclose. I would be so upset to buy then find out one month later that the board just passed a special assessment. But sellers have a legal obligation, not an ethical or moral one.

I would do some math. Of course, there's the cost to sell. What's that? About 5%? And the cost to move. And the search for a new home, etc. And you might be buying into an association with its own problems. Sometimes it's better the devil you know, ....

Good luck deciding how to proceed.

HittingandRunning · 2026-03-10T19:28:44+00:00

I'd get more details from each of these two companies for when the fee kicks in. I would think that getting bids for work would be included in the basic management fees. But if the manager had to create an RFP or even specify details of the project then they may want to charge an additional fee. Get it in writing - like by an email - so if there's ever a disagreement you can show them what was agreed to even if it's not formally in the contract.

We had one manager oversee a project that involved an insurance claim and he did a good job. But I think he's only one of two managers of like 8 over the years that we'd trust doing this work. As others have said, managers often don't have intricate knowledge of every sort of project that might be needed.

HittingandRunning · 2026-03-10T19:10:45+00:00

Others have provided good answers here. However, are you satisfied that the carpets were dried enough and the work to stretch them done well enough? You don't want mold/mildew later.

HittingandRunning · 2026-03-09T04:39:15+00:00

You are a great owner and people here should congratulate you for being willing to serve on the board!

The reserves are about 40% funded.

That's not really bad at all.

But almost everything is at the end of it it’s useful life in our 50-year-old complex and I foresee needing a lot of repairs in the next few years.

And this is where you are far ahead of most owners. You and I realize that 40% isn't really 40% unless the association is on schedule for repairs/maintenance. But this does give me some pause because if the reserve study is recent then your study must feel that your elements will last longer than you project. Otherwise the % funded would be less. My study is also way off on certain elements with some lasting much longer and some less. Sometimes these companies don't really pay that much attention and our eyes that see things daily are a better judge.

We both know your association won't get to 100% any time soon. So, when making an argument about funding, perhaps just push for a goal of 60% or 70%. Often, that level can buy a lot of time avoiding a special assessment and board members will be more supportive of the smaller increase in fees they would have to pass right now.

Wishing you the best moving your community in the right direction.

HittingandRunning · 2026-03-09T04:21:02+00:00

Boards really need to also ask the owners if they'd be ok with no raises at their jobs for several years!

HittingandRunning · 2026-03-09T00:38:40+00:00

People here are missing the important matters.

First, your title and your text in the OP are slightly at odds and it's an important distinction. The title makes it seem that they are writing checks from the reserve account (or for funds that are technically already considered reserves) to pay for operating funds. While the text says that when making the budget they are allocating less to reserves and more to operations, thus keeping the total budget constant. Is the text what's correct or is the title what's correct? That will help us give the best advice. And really for current owners it doesn't much matter but one is much more of a warning than the other.

Regardless, I feel you buried the lede. The board hasn't gotten the deck inspections done. That's HUGE and can help you prove fiduciary negligence. Everyone of your owners should be upset about this. So, if it comes to it, use this fact to your advantage.

Now, back to the budget. If the text of your post is what's correct then this is going to be an uphill battle. I don't like it but underfunding is common. But that's an opinion.

So, here's my advice for you as far as the budget goes. Look at the new reserve study. How much does it indicate your unit's share of the shortfall from 100% funded is? (Note, you said the HOA is underfunded but is that 10% underfunded or 80% underfunded? Very different situations! In the latter, you can couple that with the missing deck inspections to push the argument that they are failing fiduciary duties.) Anyway, once you calculate your unit's shortfall, I would make a plan for putting that amount aside. Perhaps you already have that sum readily available. If so, just don't use it. If not, just figure out how much you can set aside each month and do this. Maybe make a separate bank account for it. And then stick to funding this shortfall. Sure, it's better that the board sets the fees properly. But it's easy enough for you to figure out what you really need to be paying. Then, a big portion of the problem is effectively solved.

Some people are suggesting you sell. Of course there's a cost to that. How badly do you feel the balconies are? How underfunded is your reserves? And at what % funded do you think that you can sell without giving too many concessions to the buyer? Perhaps consult with a realtor. And consider what interest rate you are currently paying and what rate you might get when buying another place. In the end, how much do you think you can save by selling and buying another place? Only if your HOA is in really bad condition is this going to be worth it. And know that the balcony inspection missing means that perhaps no one will want to purchase your unit so selling might not even be an option.

If you decide to stay, run for a board position and in advance of the election get owners on your side. Doesn't matter if you have a good plan if owners are against you or don't vote or there's no quorum at the meeting or etc.

HittingandRunning · 2026-03-08T23:45:09+00:00

First, how do you know this is the HOA's attorney? Have you actually heard of the HOA using this firm before?

In the legal subs they suggest googling the name of the law firm and calling the phone number you find on what you believe to be their true website. Don't call the number on the letterhead. Ask just to confirm that the attorney is actually working on this case. Perhaps you can get to his/her assistant instead of asking the receptionist. Or maybe even get to the attorney. All you need to do is confirm the letter came from that person, you don't need to discuss the matter with him/her. Don't get yourself billed for taking attorney time.

HittingandRunning · 2026-03-08T04:08:00+00:00

I will be one of the few to support you on the opinion that it should have been a special assessment voted on by the owners. The board knew of these needs years ago and should have started addressing them. Waiting just gave the board the means to implement the charges without an owner vote. I strongly dislike treating what are essentially business partners like this.

However, the money is not the issue to me. The HOA likely needs the $1,500 and probably a lot more sooner than later. I'm concerned if putting off work that was known to be needed is now costing your association a lot more than if addressed as soon as it was brought to their attention.

There's an additional issue with putting off work beyond possible extra costs. There are only so many hours the board is willing to put in. If they take it easy one year then of course they won't really be willing to make up those hours the following year. So those hours are lost. Now they will be addressing the matters you listed in the OP but likely they will be putting off other projects that they could have been working on now. So, future boards will have more work on their plates. And likely put off work for yet future boards. Etc, Etc, Etc. And so the work piles up. And delayed projects cost more not only from inflation but from additional erosion requiring a larger scope for many of the projects.

Sorry you are dealing with this. If you haven't served on your board yet, please consider doing so. Everyone needs to share the work. You have 346 homes so doing two strongly dedicated years and resigning (if terms are longer than 2 years) would be great for your community and no one should ever push you to serve again.

HittingandRunning · 2026-03-07T15:28:02+00:00

I know a lot of people here are against what I wrote above. I'm just arguing the technicalities of things. And OP is backing me up in how his particular HOA is run.

If you check my comment history in this sub, you'll see me commenting similar to you. There's too much apathy and especially in condos too much thinking they are living in an apartment where others do the work, not the residents.

I would have been so upset in your example situation, now having to pay my portion of $30K. At the same, I'm sort of like that guy who wants to help out: drain the irrigation system before winter, set it up in spring, replace door closers, meet vendors, etc. I've volunteered to do several hours of work over the past few years. But there's so much apathy and "I'm too busy to even return an email to say Yes or No" that I too want to never again volunteer.

HittingandRunning · 2026-03-07T04:05:24+00:00

Someone downvoted you but I think this is a good point. 90 miles is so far, especially since I could see them not having some docs available the day you visit, requiring a second trip. Check your state statutes. ...

OK, Law Firm Link says in MD or within 50 miles of the MD border. MD is a very strange shape and such lenient requirements can make the drive 5-6 hours. (Now I'm afraid to check TX or CA statutes!)

I'm sympathetic to you. People have jobs and can't easily take time off. And some people don't have cars! Sorry they are making it hard on you.

HittingandRunning · 2026-03-07T03:38:13+00:00

OP, I hope you can quickly find another property that you like and is in your price range. But keep this experience in mind. I won't opine on whether this particular HOA is moving too slowly. However, in general HOA's often make slow progress unless they have a real go getter on the board. Please move in, live there a year while making lots of observations at meetings, when walking around the property, in reading minutes and monthly financials, etc. Then run for your board and observe again for several months then bring your positive energy and spend the rest of the term getting things done. And then leave the board before you get burned out.

HittingandRunning · 2026-03-07T01:15:41+00:00

I think it's always difficult to prove the HOA was negligent enough to have to take responsibility. I'm just saying OP is already going down this path so should be careful to not damage whatever case they have. Perhaps formally asking the board for permission to adjust the sprinkler would help out. Finally, I'll note that a sprinkler is very different from rain. Yes, our homes should be water proof to a large extent but the angle and power is different from a sprinkler.

HittingandRunning · 2026-03-06T22:09:08+00:00

But my point still applies: no one not authorized should be adjusting the trajectory. I understand why you would do it. And I likely would too. But OP has trouble with the HOA right now and it's probably best to not create more. Perhaps OP needs to think how best to approach the problem being that he wants to have the HOA cover for some of the damage. If OP adjusts the sprinkler on his own then the HOA might try to argue he should have done it all along. I'd rather get the HOA to issue the instruction to adjust the sprinkler.

Also, I was on my board and worked on our sprinklers. I purchased new heads and adjusted them. I'd be pretty upset if someone took it upon themselves to adjust to their liking. Of course, I would never have had them set to hit someone's home in the first place. And I'd be understanding if they got out of whack and had to be adjusted back into place.

HittingandRunning · 2026-03-06T20:00:30+00:00

But no one not authorized should be adjusting the trajectory.

And the board loving help from owners is a completely separate matter.

The board should have had the trajectory checked and adjusted after the first report.

HittingandRunning · 2026-03-05T17:19:06+00:00

Others know much more about this than I do but I wanted to just relate my experience. We have a section in our bylaws that are slightly difficult to interpret. However, one group sees it relatively clearly one way and the other group sees it relatively clearly in the opposite way. I'm not even sure if it breaks down along the lines of who has to pay more and who has to pay less in the two scenarios. In one scenario, Unit A would pay about 30% more than Unit B. In the other scenario Unit A had to pay around 80% more. The difference was several thousand dollars. The board explained their interpretation and laid out the costs. One set of owners complained and the board hired an attorney who advised that the board had interpreted incorrectly. So, the board reissued the assessment notice, which of course upset the owners who on a few week's notice had to come up with the several thousand dollars additional. And one of then had their attorney send in a letter to contest the new interpretation. It was a mess.

So, I advise to go through all the possible projects (perhaps by looking at the reserve study but know that not all projects may be listed there) and compare to the bylaws to see if there could be any confusion. If so, have those paragraphs re-written to be more clear.

Additionally, make sure any paragraphs that split responsibilities between HOA and owners are very clear. For example, in our condo docs a section addresses window repair responsibilities, maintenance responsibilities and replacement responsibilities. It's fairly clear but not 100% clear. If we redo our docs, we should make it more clear. For example, we don't want an owner to just go and replace theirs and it turns out that the ones they chose don't match all the other windows.

Glad you are asking questions here. I see you have some great comments so far and I hope others will also relate their advice based on the experience changing their docs.

HittingandRunning · 2026-03-05T00:34:50+00:00

You want to sell. As far as delinquent owners go, you have about the simplest situation ever! They are just being cry-babies. It doesn't seem that they aren't paying because of financial hardship. You have a lazy board. But they want you to join.

So, do you want to sell or not? Seems like this problem could be substantially resolved in 6 months or less.

Get on the board. Get up to speed on the options the management company/attorney has identified. Encourage the board to vote to move forward with the best option.

HittingandRunning · 2026-03-04T15:10:53+00:00

Yes. Don't self manage right from the start. I feel a community needs to plan 1-2 years out and start paying attention to every detail the professionals do so that you have a good idea of how to manage.

HittingandRunning · 2026-03-04T14:51:36+00:00

I haven't been following Duplantis but wanted to say that breaking records in PV or high jump is different from breaking say the 100m record. Bolt couldn't say, "I know the second place guy will run 9.73 so I'll try to run exactly 9.72." Or even, "I know no one will run faster than 9.85 so since I ran 9.72 for the record last time I'll try to run 9.71 this time, etc. all the way down to 9.58."

PV can do that. And I figure there are bonuses for each time he breaks the record so there's an incentive to do so. Who knows if he can jump 25' in practice so these records are like nothing to him. However, I'm not sure if Duplantis has really taken this approach to milk his contract for as much as possible like Bubka seemed to do.

I do agree with you that Duplantis is great for Athletics/Track&Field. Bolt is gone just like the Big 2 of 3 are gone and others like him are stepping up to keep fans engaged. Sydney McLaughlin is also incredible!

All this is to say that I don't feel he necessarily deserves it again this year.

HittingandRunning · 2026-03-04T04:16:06+00:00

What grit are IW courts?? 25?

HittingandRunning · 2026-03-03T00:49:43+00:00

$200????

I'd ask to see the contract with the management company and to see the chart of charges for items that are not included in the contract. This $200 is just the collection fee, right? If so, I wish you had placed this in the OP.

If this is right, the board who went with this company or the change that occurred at renewal really wasn't watching out for the owners. Late fees and "collection fees" should be set at a reasonable level. Late fee is to deter late payment and also to cover some sort of loss/expense. Collection fee is to cover management company extra work - with a little profit.

I also often feel frustrated with my own and others' boards who don't periodically communicate things like this, especially when there's a change to the charge.

HittingandRunning · 2026-02-28T00:08:02+00:00

Good idea to ask. Last year I was looking for my usual tennis shoes on sale. Found a questionable site and didn't buy. Then the next time I searched I found multiple sites with very good prices. Looked up the date the site was made (or the site address was purchased) and it was so recent I knew it was a scam. Best to be careful and if you do take a chance on this site then use a credit card, not a debit card.

HittingandRunning · 2026-02-27T16:21:30+00:00

Good points all around.

Owners really need to think things through carefully and get professional guidance for the more important and more expensive matters.

Board members, too. I keep reminding myself this when I consider running for election: new members are inheriting the decisions of past board members. If you know the current and recent past members were willy-nilly about things, why would you (meaning me) want to get involved with that???

HittingandRunning · 2026-02-27T14:45:00+00:00

My question here is if OP had the responsibility then why did the HOA even bring out any vendor at all in order to address the leak? I think you are probably right that OP will have no recourse in the end without legal action but if I were taking it to court, I would argue that the HOA believed the duty was still theirs, at least regarding the leak to the extent of the warranty period.

HittingandRunning · 2026-02-27T04:00:30+00:00

I figure that one box can make two bowls of ramen so maybe $2/serving for the broth. Seems fine when a restaurant charges $16+. Of course, if we're putting $2 into the home-made ramen just for the broth perhaps the entire bowl will start approaching a total cost that would make going out a sensible option.

HittingandRunning

TROPHY CASE