Board Is Not Following CC&Rs? What Can Homeowners Do?

Question:

I communicated some concerns in an email to my HOA manager about a very trivial, but, erroneous violation that I received. My concern has not been directly addressed by the manager. But, l did receive a dismissive acknowledgement in an email response from an assistant that the violation is gone.

Unfortunately, there is no formal complaint process that residents can utilize when we have community maintenance issues or express disdain about the HOA doing whatever they want when they feel like it. Instead of doing what they are supposed to do per CC&R guidelines.

I have talked to neighbors who have lived in my community 15+ years that have expressed their own concerns with the HOA during this time, but they don’t care what the HOA does or doesn’t do anymore. Issues continue to go unresolved. Most of the time, we become responsible to take care of what the HOA is contracted to take care of.

What action can be taken against abuses of power by the HOA, specifically when there is no real protocol on dealing with their mismanagement? I reached out to the county ombudsman office and they suggest I join the community board. Contacting the board and the HOA manager are useless. Thank you!

– Angela

 

Answer:

Hi Angela,

The HOA Board has a fiduciary duty to follow the association’s governing documents, including fulfilling any obligations that the HOA is responsible for.

Other than joining the Board, you might consider taking legal action on the basis of negligence or a breach of covenants. Make sure to consult a lawyer for guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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