ArcaMax

Q: I am writing to you in response to the article I read titled “HOA resident offers potential solutions to board member shortage.” I have to agree with the article. Being on the board is dangerous these days. However, I have to admit that I am one of the voices speaking out at board meetings to keep the heat on the current administration and I write to our management company constantly asking them to enforce rules on our board members.

I have lived in my home for over 20 years in Pensacola, Florida. I really never cared much about our homeowners association. I knew the gist of the rules, and we tried to follow them. I kind of kept up with it by going to annual meetings and such, but not much beyond that.

A few years back, I noticed people going door to door to get proxies. Then, they completely overthrew the sitting board and elected some of the younger and newer people to the board. From what I could gather, they had one goal in mind: to destroy our HOA from within.

Eventually, our rules weren’t being enforced any longer. Then a noticeable decline started in the conditions of homes in our HOA: fences did not get fixed, yards were neglected, and homes were getting updated outside of the “harmony” of our rules. Our management company quit. The new board took our monthly assessment money and did absolutely nothing for it.

A few of us actually took the board over again and got some of the issues worked out. Just when we were getting things back under control again, it was time for the election. This group of owners went back to their proxy collecting campaign and took the board back.

Our situation has gotten out of control. Our old management company came back and quit again. I’ve complained to various government agencies to no avail. If I want to do anything further, my only recourse is mediation before we can file a lawsuit. If we go through with that, it will not only cost me personally, but also cost our entire association an increase in assessments to pay for the HOA’s legal fees. It’s a catch-22. Darned if we do, darned if we don’t, because they will just continue to get away with all the damage they are doing.

It is unfortunate that the law gives owners very little recourse against a rogue board short of a recall which is very costly and impossible in an HOA of our size. If I had it all to do over again, I would avoid an HOA at all costs. An HOA might have been a great idea when people actually cared about each other and had no problem following rules. However, this younger generation has no regard for rules and believes that rules are meant to be broken and are meant for everyone except themselves. An HOA cannot survive in this kind of environment.

My spouse and I have put our lives into our home. It’s almost paid for. We think it’s time for major updates, but I am so unsure I want to stay. However, when we look at the housing market, I just don’t see how it’s possible to find something else in our budget to replace this home.

I am very sad for the state of our HOA. I do not want to face another major move and another mortgage, as I would probably have to put off retirement for a few more years. I just really find it unsettling to be facing all of these uncertainties at this point in our lives. I just think about those owners that are even more advanced in age than we are as it must be doubly unsettling for them.

Thank you for the articles that you put out. I have learned a lot by reading them, and I appreciate you putting out your email for feedback and questions. Thank you for listening to my rant.

A: You’re right. This is a mess. On the one hand, you like your home but can’t take how your association is run. On the other hand, it appears that most of the unit owners like the way things are run by the new board. Or, perhaps they don’t care. Or, don’t even notice it’s different.

How unhappy are you? If every part of your life is being affected by how well or poorly your HOA operates, then perhaps it’s time to bite the bullet and find a new place to live. Perhaps in a neighborhood not run by an HOA. While it may mean putting retirement on the back burner for a few more years, peace of mind and neighborhood may be worth it.

As for the increased cost, remember that your house has also gone up in value. Maybe the cost differential won’t be as big as you think. Talk to a few good real estate agents in your area to gauge what they think the market value is for your home and what they think you should do to it before you sell to maximize your proceeds.

Once you get a sense of what your home is worth, you can look at what’s available in your price range. You might be pleasantly surprised, and find different homes that don’t require as much work as the one you have now.

You mentioned that you are almost done paying off your mortgage. But, if you stay you’ll have large expenses to update the home. One way or another, you’ll be spending money, either for home improvements or to buy another home that may be more costly but already has been upgraded.

You’ve got a tough choice ahead: You either have to make peace with your living situation in the HOA or move. Let us know what you decide. Glad our HOA articles have been helpful.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2024 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.