Transparency and Accountability

In the last two months, I've had the opportunity to look more closely at my HOA and how it works. Prompted by violations to be sure. When I purchased my home, I had no idea about the HOA. I was told the HOA was responsible for snow shoveling, trash pick-up, water and landscaping. All good things, I thought at the time. I soon came to find trash pick-up was the only consistent amenity. I was not told at closing about the imminent construction defect lawsuit and Notice of Claim was sent to the contractors four days after closing. Upon reviewing the record over the last two months, it amazing what you find out!

The lawsuit was ultimately settled and funds disbursed. However, according to the record there has never been an audit published.

If the homeowner in my HOA cannot attend Board Meetings for very practical reasons, they are forced to get their information from a website. Sounds convenient! The website is operated by the management company. The same management company which has over the years been not exactly responsive. If you make it through the email, "I am out of the office on inspections", you will be gaslighted about whatever it is you are trying to alert them to. Water gushing out of the broken irrigation line? Three weeks later, you might get an email asking if it's still happening. Yes, it is, but that's the last time you hear from them. That duck tape fix by one of the landscapers is probably still there.

Back to website. Meeting minutes are available on the website! Meeting minutes for a different HOA are included. Two records for meeting minutes are available for the current year. One applies to my HOA, the other are the meeting minutes for what I presume is another client of the management company. I am left wondering how much comingling of information is going on.

Last month, the community manager admonished the homeowners for what appears to be a parking violation. The CCR and by-laws contain no language to address this particular violation which the community manager states will result in towing and since there appears to be comingling of HOA websites, is this meant for our HOA? It has "come to her attention" so I will do my absolute best not to "attend guest parking".

The website contains the Financial Records! Apparently for 8 out the last 12 months, the HOA has relied upon the use of "suspense accounts" to balance the monthly statement. For a relatively small HOA, -250 members, ~$50,000 seems to be unusual but I'm sure the management company has it under control. In doing my research, I attempted to be as fair as possible. I looked at many resources online. Customer reviews, good and bad. Complaints and how they were resolved. This website and various documents found here. One thing that stood out were the homeowners contacting the BBB to resolve issues about assessments. One complainant was trying to resolve a change with their bank account. The management company was unable to facilitate that change without assessing late fees and penalties after several months. The homeowner complains to the BBB after several months about the late fees and penalties and after several contacts with the management company. The management company in response, while correcting the errors also states they deserve the $$ for having to deal with the homeowner. Disrespectful to be sure but it also indicates the lack of accountability of the management companies to the homeowner.

The website does not list who the Board Members are. In truth, I cannot find an "election" for several years. It appears Board Members are appointed. By Board Members. What you do find on the website is a complete lack of transparency. Boards can be controlled by a small group of people and become very insular. They become adversarial to homeowners and apathy sets in. Why bother going to a meeting when the Board has already decided what the future of the community is. Pay your assessment and don't ask questions. Violations become the Sword of Damocles. You must deal with a management company which has (and they know it) no accountability or transparency to the homeowner. The management company has the luxury of shifting responsibility when it suits them. Problem with landscaping, blame the Board Members without acknowledging the management company solicits and presents the bids to the Board. They in fact have more to do with choosing contractors then they wish you to know. I found it ironic written in meeting minutes, the community manager will give "authorization" to the Board Members and "will allow" owners to contact the Board directly about parking violations.

The HOA model is unsuccessful because it does not reflect any balance between the homeowner and the Board and management company. When does the homeowner have legitimate recourse for non-performance? Can I, as a homeowner, subject the management company to fines and penalties for selective enforcement of the CCR? The homeowner has very little choice in the current HOA model. From my perspective, the HOA and community management has done more to dissolve communities rather than strengthen them.