HOA corruption

[bluetopaz]

I'm not exactly sure what category this may fall into, but here is a quick summary of what's going on.

My mother owns a condo run by a certain HOA. They have collected fees for years, yet they have never maintained the property as they claim to use the funds for. A few years ago, they had to completely renovate everything due to the poor maintenance (the structure was basically rotting). They then decided to charge the residents for this damage and repair (mostly because a lot of the previous residents moved out).
The fees they had been collecting were supposed to go towards repairs like this and general upkeep, of which there has been no evidence.
The entire complex is filthy, unkept, damaged.
There is obviously some sort of corruption going on in which they are taking money, pocketing it, and not using it to take care of anything.

The residents have formed their own little group to fight back, with a lawyer... but the HOA has responded with increasing the monthly association fees more than double what they used to be as an attempt to push residents out. They have threatened to place liens if these fees are not payed.
There is a court date set for November, but that is almost an entire year away.

My question basically is... how can they increase fees on no basis (the residents did not approve of there new budget, but the fees were put into action anyway) when there is set to be a court case against this very situation.
They are corrupted and are trying to squeeze every penny and force residents to abandon their homes before the court date.
Are the residents required to pay these fees even so? Can they refuse to pay until after court? Or will the HOA be able to place a lien regardless?
How is this legal in the first place?
Hardly any of the residents can afford to pay these fees for another year... and they keep increasing.

 

[quincy]

What has your lawyer said?

 

[Taxing Matters]

There is obviously some sort of corruption going on in which they are taking money, pocketing it, and not using it to take care of anything.

And you know that how? How do you know that the problem is not simply bad management or whatever?

Are the residents required to pay these fees even so? Can they refuse to pay until after court? Or will the HOA be able to place a lien regardless?

That depends a great deal on what the various documents that regulate the HOA say. If the HOA board is not competent why don't the residents vote out the board and elect people who would do it better?

 

[bluetopaz]

And you know that how? How do you know that the problem is not simply bad management or whatever?


That depends a great deal on what the various documents that regulate the HOA say. If the HOA board is not competent why don't the residents vote out the board and elect people who would do it better?

They literally do not upkeep anything. All maintenance has stopped, yet they collect fees.
Also, maybe I misspoke.
It is like the owner of the complex, the management company that owns the company?
They cannot be voted out.

 

[Taxing Matters]

It is like the owner of the complex, the management company that owns the company?
They cannot be voted out.

HOAs are run by a board. The board hires the management company. If the management company sucks the board can fire the company and get another one who can do the job better.

 

[quincy]

They literally do not upkeep anything. All maintenance has stopped, yet they collect fees.
Also, maybe I misspoke.
It is like the owner of the complex, the management company that owns the company?
They cannot be voted out.

What is the name of your state, bluetopaz?

If residents have formed with the help of an attorney their “own little group” to fight back against the perceived abuses by the HOA, their attorney should be their primary source of information. That said, states have laws that regulate HOAs. If you provide your state name, perhaps you can find some answers in your state laws.