HOAs work when Owners, Boards & Mngt Do Their Part, A Quick Perspective from a Sr. Board member of one of the largest true HOA in the State

First and Foremost. 90% of owners do the right things all the time. They pay assessments on time, maintain and repair their home are great neighbors. They abide by the CCRs and rules which 95% of the time are the same are local City Codes. 2-3% are late on their assessments but take care of their home and are good neighbors, 2-3% have minor issues but are trying and do make progress with simple reminders. 1-2% have a hard time living in a Community in an urban setting. <1% are nightmares to their neighbors. Their are personal stories and circumstances behind all the issues which the Boards deal with on a weekly basis. Good boards and owners communicate and resolve issues. Some owner refuse to communicate and some go as far as to threaten others with harm. Some owners need help (singles, and seniors and deployed) and that help is there. Board member offer and provide free help but cant do everything or pay assessments.

Some owners don't understand that when they buy their home they have to maintain it over decades if they live in the community that long. (even the mortgage holder and hm insurance company require the same) Assessments are no different then local taxes to provide for services and maintenance of the Community. Some residents think the City if on the hook to maintain things which is far from reality. The City can barely maintain its own property. Both HOAs and Metro have to maintain themselves over decades longer them most owners will ever live there. Fighting with select owner to pay assessments costs so much money to even collect modest sums. Owners that pay their assessments should not see their assessment rise as a result of owners that refuse to pay and meet their obligations under the CCRs. Under 1137 those responsible owners are eating tens of thousands in certified mail fees for those delinquent owners. Boards are owners as well and don't want to see assessment rise any more then they should to keep pace with inflation. We have kept ours below 3% per year for the last 20 years but that is become near impossible with inflation and owners that refuse to pay even on a 18month payment plan of $25 a month. How many warning letters, late letters, posted notices and lawyer demand letters are necessary before going to collections/court? We send no less then 6 letters and a posted notice all of which cost money. This fact has been lost when it comes to drafting knee jerk legislation without full stakeholder input.

Over the years I have personally dealt with every conceivable issue with owners, Management, and Legal companies. I still get surprised. Their will always be friction between the HOA and the Management and Legal company due to the non-profit to for profit relationship between those entities. That fact always seems to get lost. Managing a large Community costs money. Board members are unpaid but do tremendous work. Most owners don't know or appreciate all the things that Board are responsible for. Its not unlike a small City Government and the large Metros are just that. All these requirements and process are actually written into the State, County and City law for managing Communities and that property the HOA or Metro owns. This is not just some ragtag system process. When you start making a bunch of small changes that are not synchronized you have adverse affects on other system processes. (make it harder to collect assessments= less assessment income= less funds to maintain the community= increase in common assessments a vicious do loop).

Mngt. Companies need to get paid but they have to do so in a manner that is not predatory on the HOA or the owners or break budgets. The HOA Board have a duty to supervise and control that. Same goes for legal companies. They perform a needed service. Board members and Mngt personnel don't have time to sit in small claims court for hours and days on end with 50 owners who wont pay there assessments or fix their houses that are falling apart. Who is going to sign up for that? Completely unfeasible. Engaging legal costs HOA money upfront that is needed elsewhere.

Owner communication. Select owners don't read their government documents, they don't read City Code and have no idea how to maintain a home or live with others. When they get a simple now 30 day warning notice they freak out, blame everyone else under the sun or make nasty threats. How is having a dead dog carcass in your back yard, 1ft tall 3ft diameter of dog feces in the yard, 5ft tall weeds, setting your neighbors fence on fire, snakes in your back yard, rats and vermin eating your neighbors solar system, bullet holes in your home, trees falling on your neighbors house, shattered windows, junk disabled cars stored on the street and in the front yard, chop shops in the garage, dumping oil in the street, farm animals running wild in the street, killing goats in your back yard, setting the greenspace on fire by tossing ashes over the fence, urinating on your neighbors home, houses that haven't been painted in 16years with bare rotted wood, bare dirt yards, trash piles around the home, grow houses, not paying your assessment for 2yrs on your rental since you lived out of state and the list goes on (and on) any ones else fault but that owner? Boards deal with all those and more and just ask for timey and polite communication to get things resolved. I have dealt with these issues for years and the owners that promptly communicate things get resolved before ever having to involve any fines, legal or the police. No one wants to call the police on their neighbors as that escalates things, police are busy chasing murders and other felonies, They don't have time to deal with HOA business. City Code enforcement are so understaffed and work only from a complaint based system. They have no interest in caretaking an HOA. Unless you have sat in a Board members position its easy to cast stones. Their are good Boards and no so good Boards. Owner have a voice and can serve on the Board if they want, They can vote. Many owners choose not to vote not unlike our local, state and national elections. That is a sign of the time not a fault of the HOA or its construct. Look at the good models for best practices, If there are no so good Board or Management Companies out there work with them to resolve issues. Establish a HOA and Metro mentorship program for those HOAs and Metro that need help and guidance. The system is not broken but all systems can be improved. We all have a part to play.