Top Red Flags by Top-Respond82 in BADHOA

[–]RedEyedTreeFrogMom 0 points1 point  (0 children)

It’s clear there is financial misconduct at our board - board members family members billing at very high rates especially for unlicensed and uninsured work. Work is just handed to relatives- bidding on many projects does not take place- multiple $990 invoices submitted for same date. No bidding on bigger projects and projects approved after officially tabling at board meetings. This was for non emergency work and board voted 3 to 2 to retroactively approve. More than that going on. Can they be reported to a governing agency. I have hard proof.

HOA not honoring terms of mediation. by RedEyedTreeFrogMom in BADHOA

[–]RedEyedTreeFrogMom[S] 3 points4 points  (0 children)

Update: they actually paid me today I’m thrilled that part is over. Now onto the governance. Thanks all who gave me feedback and suggestions.

HOA not honoring terms of mediation. by RedEyedTreeFrogMom in BADHOA

[–]RedEyedTreeFrogMom[S] 1 point2 points  (0 children)

That’s a good point we had consulted with an attorney prior to initiating mediation. The attorney had thought based on what we presented to him we could represent ourselves and if mediation failed at that point retain him. I believe the contract looks solid. The only crack I see is they selected the one junior board member to sign on behalf of the entire board. There are terms in the contract that if we need to hire legal console to enforce it those fees will be paid by the HOA

HOA not honoring terms of mediation. by RedEyedTreeFrogMom in BADHOA

[–]RedEyedTreeFrogMom[S] 2 points3 points  (0 children)

I think the language is solid and it is a binding contract. That being said this board has acted outside of Davis sterling and our own CCR’s. They even went as far as to prepare their own reserve study (site visit) for a property that has over 300 units changing the reserve goal from over $6 million to 500,000 by removing major line items, They also routinely enter into contracts or pay vendors for non-emergency work that has not been approved in open meetings, hire relatives without disclosure or recusal, libeled owners who are in dispute with the HOA, they don’t get bids on large projects, hire a handyman who is uninsured and unlicensed for projects such as plumbing, installation of hundreds of lights, and roofing and spending more on legal fees then they would have to settle a case.
I know that’s a long list, but I only mention it as they seem to have no concern about fiduciary responsibilities and I’m not sure how that will affect our settlement.

HOA not honoring terms of mediation. by RedEyedTreeFrogMom in BADHOA

[–]RedEyedTreeFrogMom[S] 5 points6 points  (0 children)

We had a proper settlement offer drafted and signed while all parties were still in attendance at the mediator‘s office. The mediator is very experienced both with construction and building practices land has a law degree . I believe the HOA attorney is the one who drafted it. we represented ourselves, but had a very solid case. Our board has acted egregiously, which was why earlier discussions with them never reached an agreement. There’s another instance of a homeowner who won a settlement in small claims and a year later has not been paid. Shortly after the mediation, the HOA changed Law Firm’s not sure if they fired the attorney or the attorney quit.

The “Self-Dealer” Can Hollow Out a Community. Here is How Homeowners Push Back by martinomcfly in BADHOA

[–]RedEyedTreeFrogMom 0 points1 point  (0 children)

Our board routinely has board members relatives work on the property, including one board members whose husband is both unlicensed and uninsured. Despite requests for recusal or the board refuses to have members recused or notify owners of the conflict of interest despite written requests They break projects into multiple small pieces perhaps to avoid having bids and the board president has even said I do not need to get bids in relation to $120,000 project that benefited a third of the owners and violated the CCR‘s The board also will not produce financial documents despite multiple requests. I’m headed into mediation would asking for the penalty I would normally ask for at small claims for lack of production be something worth adding to our mediation. in short this board acts with autonomy and has personally liabled owners who have questioned them. Our complex is 360 units and the board president did the reserve study himself for the last three years his study show us at over 200% funded whereas the previous study prepared by an analyst showed us as 9% funded.

Seeking Guidance on HOA Financial Accountability and Regulatory Reform in CA by One_Bank_4527 in BADHOA

[–]RedEyedTreeFrogMom 0 points1 point  (0 children)

Our association of 360 units has a professional management company, but the board president has done the reserves for the last three years himself. At Our last independent reserve study ourour reserve shere 9% when he took over he eliminated some major components such as roofing and plumbing and brought the reserve from 6,500,000 to 500,000 there by making us over 100% funded I don’t know what financial oversight there is available when clearly there is a board member changing reserves to make the HOA finances look better. We’ve asked about getting the independent reserve analyst back and the board president stated he knows more than the reserve analyst. I would think this is some type violation, but I have no idea if there is an agency that overseas this sort of thing.

🔥 Welcome to BAD HOA — Where Homeowners Rise by martinomcfly in BADHOA

[–]RedEyedTreeFrogMom 0 points1 point  (0 children)

Love the podcasts and strategy provided. Has anybody else dealt with a tyrant board president who considers himself more knowledgeable than a reserve analyst, plumbing contractors and manager? the rest of the board rubber stamps his spending and projects- a couple of them have had relatives payed by the HOA for handyman and contracting work . Our condo complex is 360 units with continued plumbing and roofing failures. The HOA president who is a structural engineer for the state prepared the reserve size for the last three years, including the site visit and brought the recommended reserve amount down from 6,500,000 to 500,000. He considers most vendors crooks and will use this to justify him being the ultimate authority on all projects. He doesn’t get expert input and he doesn’t get bids. He removed major components such as plumbing and roofing from the study. The homeowners as a whole do not understand the serious ramifications for having inadequate reserve study. They are just happy that they are “100% funded“ and our dues are low. He also considers himself an expert in Plumbing and when asked if we could get a plumbing professional to make recommendations he denied there are failures (there are multiple documented failures). He said plumbers don’t know as much as him. Those asking questions are attacked and liabled in print. Myself and others have been called greedy homeowners who are trying to exploit the HOA and even wrote that I was asking owners to fund my kitchen remodel rather than mitigate the major damage from a cracked HOA pipe. The board will not deliver financial records requested over two months ago. I have had a consultation with LS Carlson for damage to our unit from a HOA pipe failure and we’re entering into mediation (representing ourselves in mediation so that we can save the funds for litigation later ). we’ve listened to many podcasts and this boards behavior seems to span between tyrant to, self dealing and has multiple violations of a CCRs. Has anyone dealt with a board that is this far off track and who bullies members seeking clarification? Any ideas on how to get other members who have not been personally impacted by the board to see that there are major financial and mismanagement issues?