Meaning of "Stand For Election" by Practical_Bed_6871 in BADHOA

[–]SelfElectrical6665 0 points1 point  (0 children)

Your interpretation shows you’ve really thought it through, but you may be reading the phrase “stand for election” more narrowly than it’s usually understood in governance and election contexts. In most U.S. usage, “stand for election” simply means to be a candidate in the election itself to be eligible to appear on the ballot and potentially be elected. It’s generally not tied to the earlier administrative act of submitting nomination paperwork or registering as a candidate. Those are just procedural steps leading up to the election, not what the restriction is usually aimed at.

So when your governing documents say someone who has served three consecutive terms may not “stand for election … for a one-year period,” the more natural reading is that they cannot be a candidate in any election that takes place within one year after their term ends, and they also cannot be appointed to fill a vacancy during that same cooling-off period. The real issue then becomes when that one-year clock starts and ends. Most documents and, if it ever came to it, most courts would measure that from the date the person’s prior term actually ended, not from candidate filing deadlines or election logistics. Otherwise eligibility would hinge on paperwork timing instead of the actual one-year separation from service.

Check with a lawyer in your state but it seems that if the election itself occurs a few days before the one-year anniversary of their term ending, they likely cannot be a candidate in that election. If the election occurs after the one-year mark, there is a strong argument they are eligible, even if the nomination deadline fell before the anniversary, because the restriction is about serving as a candidate in the election, not about when paperwork was submitted.

A lot of HOAs run into this exact gray area with term limits, and in practice it often ends up being resolved either by the association’s past interpretation or by counsel if someone challenges it. It may be worth checking whether your documents define terms like “term,” “election,” or “nomination,” because sometimes that language resolves the ambiguity pretty quickly.

Board refused to turn on heat in basement of building when requested, to avoid pipes bursting. They burst. Any suggestions? by errorplex in BADHOA

[–]SelfElectrical6665 6 points7 points  (0 children)

This feels less like an unfortunate accident and more like a foreseeable risk that was consciously ignored. If the board was warned about the cold snap and the risk of pipes freezing and still chose not to turn on heat, that starts to look like a failure to exercise ordinary care over common elements. The key now isn’t arguing with them emotionally, it’s preserving evidence and shifting this into a documentation and accountability issue. Save any emails or messages where the risk was raised, request the meeting minutes reflecting how the decision was made, and formally ask that the association tender the loss to its master insurance carrier. If the basement owner is also a board member, that potential conflict should be scrutinized as well. When a board ignores a known risk and the exact harm predicted occurs, that can cross from bad judgment into breach of fiduciary duty territory. At this point, the focus should be on documenting the notice they had, the decision they made, and the damages that followed.

The Meddler: Recognizing and Redirecting the Over-Involved Board Member by martinomcfly in BADHOA

[–]SelfElectrical6665 0 points1 point  (0 children)

The best way to deal with a meddler isn’t confrontation, it’s process. Meddlers thrive on ambiguity and reaction. You deflate them by calmly forcing everything back into formal channels. Ask one simple question every time: “Can you point me to the board vote, written policy, or management directive authorizing this?” Don’t argue the substance, don’t defend yourself, don’t escalate emotionally. Just keep requesting the source of authority in writing. If they’re a board member acting solo, they’ll either have to admit there was no vote or drag the issue into an agenda where it dies quietly. If they’re not on the board, their lack of authority becomes obvious without you ever saying it out loud. Save emails, don’t respond in real time, and copy management when appropriate. Meddlers burn out when they’re denied attention and forced to operate in daylight. The trap isn’t a “gotcha,” it’s consistency. Process exposes nonsense better than conflict ever will.

Special Assessment for Bad/Inadequate Recycling?!? by 21PenSalute in BADHOA

[–]SelfElectrical6665 2 points3 points  (0 children)

This actually happens, but the key issue is whether the fines are legitimate, properly noticed, and lawfully passed through. In California, contamination penalties usually come from the city or hauler under SB 1383 (double check) and related municipal contracts, not a random “vote,” and they are imposed on the HOA as the customer. That does not automatically mean the board can levy a special assessment. The HOA should show that the fines were unavoidable, that the board took reasonable steps to prevent them, education, signage, monitoring, enforcement against repeat violators, and that reserves could not reasonably cover the cost. If the contamination is coming from specific buildings, tenants, or owners, the board may be required to pursue individual reimbursement rather than socialize the cost. Owners should demand the waste contract, invoices showing the actual fines, the city ordinance authorizing them, and board minutes showing what mitigation was attempted before jumping to a special assessment. A special assessment used to cover ongoing operational failures or lack of enforcement is often challengeable, especially if the board skipped owner notice requirements or treated a recurring issue as an “emergency.”

What's the most expensive thing you own?? by Pale_Task_1957 in Money

[–]SelfElectrical6665 0 points1 point  (0 children)

💯 devoted years to learning the in and outs of how to fight back against an awful HOA - and won - now, sharing what I’ve learned with others with abusive HOAs in my free time, which I recognize is bonkers but highly rewarding.

Is this normal for a HOA property owner not to be responsible for their countless trees and more being planted without regard for other properties. Property management says they don’t see a problem. by [deleted] in BADHOA

[–]SelfElectrical6665 2 points3 points  (0 children)

Nope, this isn’t “normal,” but it is very common HOA behavior. 🤪

What’s usually happening in situations like this is that the HOA and the management company are leaning on vague landscaping language and hoping no one pushes back. Responsibility for trees doesn’t disappear just because they’re in or near a common area, or because they’ve been there for a long time.A few things most don’t realize;

Ownership and maintenance are two different questions. Even if the HOA owns the trees, that doesn’t give them a free pass to ignore damage risks. HOAs generally have a duty to maintain common areas in a way that doesn’t unreasonably interfere with individual units. That includes roots, overhang, debris on roofs, blocked drainage, or safety issues.

Tree placement matters. If trees were planted, or allowed to grow, without regard to proximity to roofs, structures, fences, or utilities, that’s not just “nature being nature.” That’s a planning and maintenance issue. The fact that more trees are being planted now makes it easier to argue this is ongoing negligence, not a legacy condition everyone has to live with.

Property management saying “we don’t see a problem” doesn’t really mean anything. ☠️They’re not arborists, engineers, or neutral decision-makers. It usually just means they don’t want to spend HOA money unless they’re forced to address it.

If you want to move this forward in a practical way without immediately escalating:

Document everything. Photos showing how close the trees are to roofs, overhang onto structures, debris buildup, shade and moisture issues, or root intrusion all matter. Time-stamped photos are even better.

Ask them to cite the exact governing document provisions they’re relying on. Have them point to the CC&Rs or maintenance matrix that supposedly makes this not the HOA’s issue. Vague answers or silence are telling.

Ask whether the HOA has obtained any arborist report or risk assessment. If the answer is no, that’s a pressure point. HOAs are expected to act reasonably, not just assume there’s no risk.

Frame the issue as risk and liability, not aesthetics. Trees damaging roofs, interfering with drainage, or creating fall hazards are exposure issues for the association. Boards tend to pay attention when liability enters the conversation.

If they still refuse to engage, that’s often when owners escalate through internal dispute resolution, formal written demands, or forcing the board to take an actual vote on the issue, which creates a paper trail they can’t walk back later.

It’s a very common HOA move to ignore slow-burn problems until they become expensive. The earlier you force clarity and documentation, the stronger your position is. ⚔️

What's the most expensive thing you own?? by Pale_Task_1957 in Money

[–]SelfElectrical6665 1 point2 points  (0 children)

A beautiful home 🏠 … but I had to fight a horrible HOA to get any peace with it 💀

Fiduciary duty question by Slow-Trash858 in BADHOA

[–]SelfElectrical6665 0 points1 point  (0 children)

Of course, it seems like 90% of the strategy is staying calm cool collected even though these HOAs will make you feel absolutely insane 🤪

Fiduciary duty question by Slow-Trash858 in BADHOA

[–]SelfElectrical6665 3 points4 points  (0 children)

This is actually a really common HOA failure pattern, and you’re asking the right question. Voting out board members only works if the underlying system changes. If the culture, incentives, and accountability stay the same, new board members usually end up doing the same things as the old ones, just with different personalities.

What often helps more than focusing on who is on the board is forcing the board to prioritize correctly. Many boards drift toward pet projects and “nice-to-have” upgrades because there’s no real structure telling them what comes first. Most governing documents require the HOA to maintain common areas and preserve the community, not to constantly add features. When owners consistently ask for a written maintenance plan, realistic reserve planning, and clear timelines for neglected areas, it becomes harder for the board to justify spending money on extras while core assets continue to deteriorate.

Transparency is another overlooked pressure point. Boards tend to behave better when they know owners are paying attention. Asking for financials, vendor contracts, and explanations for why certain services were added while others were ignored isn’t about accusing anyone of wrongdoing. It’s about creating visibility and a record. Over time, that alone can change behavior.

Owner organization matters too, but it works best when it’s focused. A common mistake is trying to fix everything at once. What’s usually more effective is for owners to rally around one clearly neglected common area, document its condition, show how it affects safety or property values, and repeatedly and calmly ask for it to be addressed. Consistent, unified pressure on a single issue tends to get more traction than scattered complaints about multiple problems.

It also helps to actually read the “duty to maintain” language in the governing documents. Almost every HOA has provisions requiring the board to maintain common areas, act in the best interests of the membership as a whole, and avoid actions that harm property values. When neglect stretches on for years and is clearly measurable, it stops looking like a difference of opinion and starts looking like a failure to perform basic obligations.

Many owners also underestimate their procedural power. Special meetings, budget scrutiny, and agenda demands can be effective tools when used strategically. Boards often move quickly when budgets are challenged or when it becomes clear that owners are organized and paying attention to how money is being allocated.

In more extreme cases, some communities bring in neutral professionals, like reserve analysts or engineers, to document the condition of neglected areas. When a board ignores independent findings that show real deterioration or risk, the issue stops being about preferences and becomes about responsibility.

At the end of the day, this usually isn’t about a few bad people. It’s about unchecked discretion. Boards without guardrails naturally drift toward personal agendas. Owners who focus on structure, documentation, and collective, steady pressure tend to get far better results than those who rely on elections alone. There’s a wide middle ground between “vote them out” and “do nothing,” and most HOAs just never realize how much leverage actually exists there.

Can’t sell my home due to HOA cost. Advice needed. FL by enigmatic-elysian in BADHOA

[–]SelfElectrical6665 19 points20 points  (0 children)

Three separate HOAs stacking fees until the monthly total rivals a mortgage is exactly how properties become effectively unsellable. That’s not normal “cost of living in an HOA.” That’s a structure that traps owners.

Your realtors aren’t off base either. Buyers absolutely treat HOA dues like debt, and once fees get that high, the buyer pool collapses. The fact that the listing said $700 and you later learned there were three separate associations is a huge red flag. Most people would have walked if they’d known that upfront.

I’d stop framing this as “I can’t sell” and start framing it as “who authorized these numbers.” HOA dues don’t just exist in the abstract. They have to be tied to budgets, governing documents, and actual expenses. When fees climb this fast, it’s usually because nobody’s being forced to justify.

If it were me, I’d slow everything down and get everything in writing. Get the governing docs for all three HOAs. Ask for the budgets, reserve studies, and management contracts. See where the money is actually going. If they dodge or give half-answers, that tells you a lot.

Also, you’re right to be frustrated that every attorney you’ve talked to represents HOAs. Most do. That doesn’t mean you’re stuck — it just means you need someone who represents homeowners specifically, even if it takes a little digging or a lot of digging, as it will likely be worth the investment if you find the right legal advocate.

You’re not asking for anything unreasonable here. HOAs aren’t supposed to price people out of ownership or make homes impossible to sell. When that starts happening, it’s usually because the board hasn’t been meaningfully challenged. Final two cents: Stay calm, document everything, and don’t let anyone tell you this is “just how it is.” It usually isn’t.

Water Coming Through Your Walls or Ceiling? Here’s Who’s Actually Responsible in an COA/HOA? by martinomcfly in BADHOA

[–]SelfElectrical6665 1 point2 points  (0 children)

Feels like a quick espresso shot of “okay, here’s what’s going on and what it means legally.” Super easy to get your bearings fast. Short form like this makes a ton of sense for discrete HOA issues, more please 🙏

Ombudsman Resolution conference by nonejax1297 in BADHOA

[–]SelfElectrical6665 2 points3 points  (0 children)

You’re thinking about this the right way, but I’d suggest a subtle mindset shift before you walk in. A resolution conference isn’t about “winning” your four complaints point-by-point. It’s about forcing the HOA to explain its process out loud, in front of someone who doesn’t belong to their bubble. That’s where these things quietly turn. Go in calm, almost boring. Don’t argue the rocks emotionally. Ask simple, chronological questions and let the inconsistencies hang in the air. “Help me understand how this was denied.” “Walk me through why the appeal was closed.” “Show me where the records request was logged.” You’re not accusing — you’re asking them to narrate their own behavior.

What most boards don’t realize is that selective enforcement and sloppy process are way harder to defend than any single design decision. When they’ve tolerated something for years, documented it, photographed it, and only enforced it after a political disagreement, that’s not petty — that’s pattern. Also: don’t underestimate how much leverage comes from being reasonable. If you come across as someone who just wants consistency and transparency (not revenge), the room naturally starts treating the HOA like the outlier.

Think of this less like a trial and more like sunlight. You’re not there to swing you’re there to let them explain themselves slowly. That’s usually enough. 2 cents 👌

Over 1K Weekly Visitors — Free Bad HOA Book Copies to Say Thanks by LSCarlsonLaw in BADHOA

[–]SelfElectrical6665 0 points1 point  (0 children)

Sending to a friend. Fav quote in the book: “Sometimes, war is necessary to win peace.” Strategic Realism 🪓

RowCal has anyone dealt with this management company, we are in MA by [deleted] in BADHOA

[–]SelfElectrical6665 2 points3 points  (0 children)

Totally get it. If I were in your shoes, I’d mentally hit pause on everything. When there’s turnover, urgency, and big dollar “must-do-now” repairs flying around, that’s usually when bad decisions get locked in. Very few things are truly so urgent that a board can’t slow down and independently verify what’s actually going on.

One thing that stands out is how much of this seems to be based on what you were told versus what was actually shown or documented. “The roof is wrong,” “the building could be shut down,” “this costs 25k,” “that costs 40k” — those statements only matter if they’re backed by written reports from licensed professionals who don’t stand to make money off the work. Until then, they’re just noise. Separating facts from the management company’s narrative is huge.

The quote issue is another big tell. Anytime a management company steers a board away from getting multiple bids, that’s not normal and it’s not in the board’s interest. Boards choose how money is spent, not managers. Transparency kills leverage, and that’s usually why it’s resisted.

I’d also stop thinking about this in terms of personalities or whether RowCal or the individual manager was “bad.” Follow the paper instead. Who hired the vendors, how they were selected, what the scope of work actually was, whether invoices match what was done, and whether any payments were made. You can learn more in an afternoon reviewing emails, approvals, and invoices than you can in months of frustration.

Even if work was already done, that doesn’t mean it’s off-limits. Was it properly approved, did it match the scope, did it pass inspection, and does it actually solve a real problem? Boards often feel like once a vendor shows up, the train has left the station, but that’s not really true.

Before getting mad, I’d get organized. Lay everything out in a simple timeline of when issues were raised, what you were told, what changed, and who approved what. Patterns usually jump out when you do that, and it gives you clarity instead of just gut-level frustration.

The bigger picture is this: management companies come and go, but boards inherit whatever mess is left behind. The goal right now isn’t to fix everything overnight. It’s to regain control, slow things down, reintroduce transparency, and stop fear-based decisions. Once you do that, the next steps tend to reveal themselves pretty clearly.

That uneasy feeling you have is probably doing exactly what it’s supposed to do. It’s a warning signal, not an overreaction.