HOA Neglect and Sudden Increase in Assessments

Question:

Property management company and the board neglected our property for the last 20 years. Then they declare everything an emergency and have assessed owners over 12 million dollars the past 2 years. We also do not receive benefits from our property as stated in our declaration and bylaws. We are supposed to have 3 commercial office retail space and a restaurant. We also have vested rights as our building was built as a hotel. The board is not transparent and repeatedly deny owners requests to put our check in desk back. This is required to maintain our hotel status and is now causing problems with the county of Honolulu. The owners are very angry. I am on the land use committee so I am reaching out for a solution for owners.

– Jenn

 

Answer:

Hi Jenn,

You may request a copy of the association’s financial records to verify where the assessments have been going. This may also help you understand why the HOA is declaring everything as an emergency and if it’s true. Apart from this, you may also request an audit of the association’s financial records. If there was fraudulent activity, you may need to consult a lawyer.

Regarding the benefits in the governing documents, you may raise this with the HOA board as they must comply with its provisions. You may raise your concerns at a board meeting or contact the board directly.

 

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

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