Nearly two years have passed since Aug.07' During this period two of the previous property managers promised to look into this matter. My screen enclosure was completely destroyed by hurricane Wilma. This damage was done prior to my ownership of this unit. All the other units have screened-in patios. I was promised that this would be taken care of by the management, although I don't have anything in writing to this effect. Last week I contacted the current property manager by e-mail. The response was that no monies have been distributed from the insurance proceeds from hurricane Wilma. I then called the Board of Director President of the HOA. His response was very vague......"Our accountants are looking into it" I would like to know what other channels can be used to "light a fire under these folks?" I may move a year from now. The missing patio enclosure might hinder the sale to a prospective buyer. Please advise, Thankyou, Ben
ANSWER: Ben,
It certainly seems like the screen enclosure falls under "building maintenance" which your monthly HOA fees cover. It also seems like you have been getting the "run around."
Unfortunately, I do not have a good answer other than hiring an attorney to send them a strongly worded letter seeking relief/action.
You should have money in a reserve account that could be used to fix the screen and then the HOA could replenish the money when the insurance proceeds are collected.
I know that is not much help but good luck to you.
Regards,
Steve Schiffer
Olde Town Brokers, Inc.
www.OrlHomes.com
---------- FOLLOW-UP ----------
QUESTION: Thankyou Steve for your response. When you refer to the reserve account. Would that be something that is customary with the HOA to have a reserve account set up for this purpose, or did you mean my reserve account or my savings account? If I do decide to take them to court....what do you think my chances would be to recover court costs and atty. fees? My resources are limited. Is it a possibility think I may just end up with a judgement against the HOA? Thankyou Again!
Answer Ben,
The HOA's capital reserve account. A % of your monthly fees should be going into the reserve account so when the development needs things such as a roof the HOA has money set aside to do it.
Read your HOA documents very carefully to see what is covered by your monthly fees and what is not. In many situations what is covered falls into the "gray" area and you will have to argue.
If your HOA docs clearly show the exterior of the buildings are maintained by the HOA then a screen damaged from a storm seems to fit into that category. With this in mind you would have a good chance.
But, please get the advice of an attorney experienced with HOA law in your area.
