Homeowners Associations - Ideas, opinions
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JavaBob
01-15-09, 07:02 AM
Well, bought a townhouse a couple years ago, with a swimming pool maintained by the association. Short story, last year they draged their feet on opening it but with enough people complaining it finally opened AFTER the 4th of July. Now January I just got an email from someone living there that they are looking at closing the thing (they are contacting a lawyer). I brought the place mainly because of the pool (out the back door). So my question is is there anything I could do to stop the association from closing it??? any and all comments welcome.
Thanks
Thanks
twelvepole
01-15-09, 07:34 AM
Operating the pool is one of the HOA's biggest expenses. No one wants to pay increased HOA fees.
Typically, few members of the community attend HOA meetings and take an interest in what decisions are made until one affects them directly. If decisions are made, they are made on the vote of the majority present. If there are 3 people present, then that's the way it goes. When the decision is made, then members of the community are up in arms and blame the HOA. Part of the blame falls upon community members who fail to take an interest in their community and the decisions made by the HOA.
Now, you could rally up the neighbors and head off to an HOA meeting and voice your opinion. You can ask the Board to state the facts as to why they want to close the pool. Expenses to maintain? Facing having to redo the pool and cost prohibitive?
Do you attend the HOA meetings? Do you know the Bylaws? Do you know what the Balance Sheet looks like? Do you know the facts why the Board feels it is necessary to close the pool?
No. But, now someone wants to sue. Can this person answer the previous questions? An attorney will need a copy of the Bylaws. He will read closely the part about "majority vote" re: decisions made. He will want a copy of the minutes where the motion was made and seconded and carried.
Are you aware that a year ago Congress passed a law that all public swimming pools and hot tubs are required to have anti-drowning drain covers? Failure to comply can result in fines of $1,000 to $15,000. Failure to comply will require closing the pool. Failure to comply will result in HOA's loss of insurance. Drain Rule May Close Thousands of Pools :: HOA Law Blog (http://www.hoalawblog.com/2008/12/drain_rule_may_close_thousands.html)
Unless community members become actively involved in the HOA and understand all the facts involved, then it is difficult to understand why someone wants to rush out and hire an attorney. The HOA would likely win should the case go to court, because they have to make decisions based on the budget. Members who attend the HOA meetings are aware of the facts and will vote accordingly, especially if the funds are not available to properly maintain the pool. Would you and your community members be willing to vote in favor of raising the HOA fees in order to continue to keep the pool open and make the necessary upgrades?
Typically, few members of the community attend HOA meetings and take an interest in what decisions are made until one affects them directly. If decisions are made, they are made on the vote of the majority present. If there are 3 people present, then that's the way it goes. When the decision is made, then members of the community are up in arms and blame the HOA. Part of the blame falls upon community members who fail to take an interest in their community and the decisions made by the HOA.
Now, you could rally up the neighbors and head off to an HOA meeting and voice your opinion. You can ask the Board to state the facts as to why they want to close the pool. Expenses to maintain? Facing having to redo the pool and cost prohibitive?
Do you attend the HOA meetings? Do you know the Bylaws? Do you know what the Balance Sheet looks like? Do you know the facts why the Board feels it is necessary to close the pool?
No. But, now someone wants to sue. Can this person answer the previous questions? An attorney will need a copy of the Bylaws. He will read closely the part about "majority vote" re: decisions made. He will want a copy of the minutes where the motion was made and seconded and carried.
Are you aware that a year ago Congress passed a law that all public swimming pools and hot tubs are required to have anti-drowning drain covers? Failure to comply can result in fines of $1,000 to $15,000. Failure to comply will require closing the pool. Failure to comply will result in HOA's loss of insurance. Drain Rule May Close Thousands of Pools :: HOA Law Blog (http://www.hoalawblog.com/2008/12/drain_rule_may_close_thousands.html)
Unless community members become actively involved in the HOA and understand all the facts involved, then it is difficult to understand why someone wants to rush out and hire an attorney. The HOA would likely win should the case go to court, because they have to make decisions based on the budget. Members who attend the HOA meetings are aware of the facts and will vote accordingly, especially if the funds are not available to properly maintain the pool. Would you and your community members be willing to vote in favor of raising the HOA fees in order to continue to keep the pool open and make the necessary upgrades?
SeattlePioneer
04-09-09, 10:01 AM
Join the board------------------------------------