Saturday, September 22, 2007

hosed by the HOA

On Thursday night, I decided to attend a "special meeting" of the homeowners just so I could decipher what was prompting the onslaught of emails.

It turns out that the members of our Homeowners' Association Board had an issue with a homeowner (who also happens to be the former HOA President) and the color of his fence. The issue escalated, and at some point, the Board decided (without the consent of the homeowners) that they would take the case to court. Yes, over the paint color!! And yes, it was a personal vendetta between the Board and this particular homeowner.

So the first any of the rest of us hear about this is during the special meeting where we learn that the HOA lost the case and now we (as the membership) now must come up with the funds to pay for the lawyers' fees for both sides as ruled by the judge -- totally $80K+.

To remedy their colossal f*up, they want to levy a $500 assessment on each homeowner to pay for the cost of the lawsuit. Unbelievable. We weren't asked if we wanted to enter into this lawsuit, but we sure as hell are having to pick up the tab for it. Needless to say it was not a happy crowd, but unfortunately the money had been awarded, so the homeowner defendants were due their settlement, whether we give it to them proactively or we wait to be forced to hand it over.

We had a vote, and while we approved to proactively pay, we did not approve to have each homeowner pay $500 each (at least for now until other options are investigated). One person asked if the insurance clause had been reviewed for Board malfeasance since this was clearly a situation of fraud by taking this situation to the legal system without regard for homeowner support.

Man, this is a litigious group of people here. The good news is that as soon as they lost the lawsuit, the Board members all jumped ship, and one even went as far as to sell her home and move out. Of course that just leaves the rest of us holding the shit bag. I have complete respect for the folks who stepped up to be on the Board as of a few weeks ago. They've willingly inserted themselves into a complete cluster and for the good of the neighborhood will rationally help all of us remedy the financial implications of this vindictive lawsuit.

1 comment:

Laura said...

Oy. When I'm driving home and cringing at the yardwork (or lack thereof) and color choices of some of my neighbors, I wish we had a HOA, but after reading your latest...maybe not.