Question:
Hi there
My HOA and management company have been very delinquent on performing fixes around the complex.
For example, the main entrance gates have been malfunctioning and open for the last 3 month.
the swimming pool has not been maintained for over six month.
The gym has not been accessible for over three month.
Have tried to concat HOA and complained about the issues. However the complaints were not received well and I was treated rudely and aggressively .
What should a home owner do in such circumstances ? Are there ways to hold HOA accountable for such issues ?
Thanks
– Sam
Answer:
The first thing you should do is talk to your HOA board and management company. It could be a problem that goes deeper than simply neglecting their duties. If that doesn’t work, you might consider removing one or more members of the HOA board. This is a good option if your board members are intentionally not fulfilling their obligations. Your bylaws should contain the procedures for removing board members, though you may find guidance in the Davis-Stirling Act as well. The final option is to take legal action on the basis of negligence or a breach of fiduciary duty. You will need the help of a lawyer for this.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
