My HOA is spending money on repairs specifically amended out of the CCandR’s
My HOA board is repeatedly using our money to pay for 45 year old carport wood repairs. In our community 7 of us have 2 car garages and 29 of us have carports. An amendment created in 1981 clear states in our CCand R’s that all roofs and specifically states that carport roofs were no longer maintained or repaired by the HOA. Yet, the board keeps approving carport repairs because they feel that the community failed to maintain them. Again, maintenance is clearly not covered in our CCand R’s. The cost per unit repair is on average $6000 per unit. How do I stop this unlawful spending of our money?
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Tamara,
Are you a condominium? To truly answer your question, I’d have to see your original CC&R’s and how they were changed in 1981. The association is responsible to maintain all common property and has absolutely no responsibility to maintain private property. If the roofs were private property but a provision of the CC&R’s stipulated that the association would maintain that feature as a common expense, then I’m assuming that the association wanted that changed in 1981 and got the community to approve an amendment by whatever supermajority specified in the CC&R’s to eliminate that provision. If that is what happened, then the association has no longer any authority to use association funds to maintain private property. Since this would be a direct violation of the governing documents then such a dispute could be addressed by a petition to the Arizona Dept. of Real Estate. This petition would be heard by an administrative law judge and force the association to comply with the governing documents and stop paying for this private property maintenance. The association is free to require the homeowners to maintain the roof consistent with written standards established by the association for that feature and apply fines and penalties to those that do not.
All of this depends on who actually owns the roofs and how the practice was established in the first place.
Dennis