So if you are living in a planned community or a building that is governed by Homeowners Association, it’s a great thing as you don’t have to worry about the maintenance and management of your home or building as HOA is responsible for all the things that are taking place within the community.
However, if you find that your HOA is not maintaining the common areas and is failing to do his duties even if you are paying HOA fee on time then it’s time to take an action about it.
So if you notice that there’s a lot of mess in the common parks like it’s filled with dry leaves and overgrown grass and exhibits a dead landscape, or the elevator is not working properly, the gym area is not maintained, it has broken machines, it’s high time that you should do something about it.
So before taking any action against your HOA, you must know about the duties and responsibilities of your HOA. Consider reading all the governing documents such as declaration covenants, conditions, CC&R’s and laws. In case you don’t have these documents get a copy of these.
The HOA bylaws and CC&R’s contains the obligations of HOA and rules regarding the community. Mostly, the HOA’s major duties include maintaining, developing, and repairing the common places. The responsibilities might consist of maintaining the swimming pools and elevators, lighting the common clubhouse, and offering landscape services for the parks.
You can take appropriate steps in order to remove the HOA board member in case he is not doing his job properly. It would be a good idea to remove a member that always fails to attend board meetings conducted for resolving certain issues, or he is not aware of the costs associated in maintaining the common area or he always refuses to increase the budget that is needed to take care of the community.
Other than removing the board member, you can also file lawsuit against that member by hiring a homeowners association attorney. You can take an action against him if he fails to perform his duties mentioned in the governing documents. For example, he breaches fiduciary duty, covenant, or both of them.
Through a free, no-obligation consultation, you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs.
Call 954-476-2680 or contact us online today.