[cherylyrehc]

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As far as I know, yep. You’re outta luck there, I’m afraid.

[cherylyrehc]

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Wow! I don’t know of anyone who successfully left their HOA without selling their home and moving out. But doing it with just a vote?? I’m surprised it didn’t inspire all other owners to do the same.

[cherylyrehc]

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Special assessments are absolutely horrendous – but they can be necessary. Maybe your condo is due for an upgrade or maybe the pool isn’t up to code anymore. Even if you don’t use the pool, you still have to pay the assessment. And since that’s your deal with your landlord, you’re on the hook for it. Sorry about your situation but that’s the sad reality of community associations.

[cherylyrehc]

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Sounds awful! I would recommend asking a lawyer to help you draft that provision for your bylaws. A lawyer can look over all of your governing documents and write a rule that addresses this issue without coming into conflict with existing rules.

[cherylyrehc]

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Sounds like a tough situation. Since you’re only a resident/homeowner in the HOA, you don’t really have a lot of powers when it comes to governing the actual HOA. As far as I know, you can request to see vendor contracts but the HOA is not always required to supply them (depends on state laws and your declaration). That being said, the only real solution I can see you making here is to run for a position on the HOA board. That’s really how you can make any real changes. Of course, I don’t know when your next elections are supposed to happen, so it may take a while before you can run for the board anyway.

[cherylyrehc]

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It’s not counted as revenue because the HOA doesn’t EARN them. Fines are punitive and used as a way to enforce the rules and discourage violations. Your HOA should never rely on fines as a source of income.

[cherylyrehc]

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Conflicts of interest are not always bad. In your case, I think you’re ok since the HOA president is only employed by the same management company and doesn’t actually own it. Does he hold a financial interest in the company?

[cherylyrehc]

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There are more pros than cons with managemetn comapnies. Just make sure you screen them properly so you don’t end up with a bad one.

[cherylyrehc]

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I’m not exactly sure what you want to get out of this. What are you suing your board for? Do you want the board to follow the CC&Rs or do you want the HOA to pay back the amount you supposedly overpaid?

I advise against suing your board because it doesn’t really benefit anyone in the end. You will only hurt the HOA and your fellow owners. Even if you win the case, the HOA will probably need to charge special assessments to cover the cost of legal fees and damages owed to you. This will anger everyone else in your community and may even push a few others to follow suit (i.e. take the HOA to small claims court).

In the end, no one wins.

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