Coal Infantino, Realtor specializing in south central PA (Coldwell Banker)

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Rainmaker
1,716,664
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Fire the mgmt co. then fire the board. Start over & tell everyone in the complex - there's a new sheriff in town.

Most of the time not enough owners really participate & the few make decisions for the rest. 

May 12, 2016 02:30 AM
Rainmaker
1,027,385
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Just because the rules and regulations have been disregarded does not mean they do not still exist. Get someone in there who will enforce the rules, and follow the guidelines for penalties when rules are not enforced.

Just like any other bureaucracy or government entity, it's not the lack of rules that are the problem - it's the lack of enforcement. 

May 12, 2016 02:34 AM
Ambassador
5,360,794
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

I think that hoa's are a blight on real estate and property rights and should all be abolished.

We have enough government control without implementing an extra layer of govt run by amateur busybodies from the neighborhood.

May 12, 2016 04:50 AM
Ambassador
2,564,331
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      We had an HOA President who was an absolute tyrant.   One owner had a trespass warning sworn out against him, because he was walking across back yards to see if they were "in compliance".

     Enough was enough... a group of us brought our own Attorney to the HOA meeting.  Our lawyer told the Tyrant that he was preparing a lawsuit against the HOA Board, on our behalf.  The Tyrant threw a temper tantrum and yelled, "I quit!".   The other directors and officers raised their hands and said, "We quit, too."  They got up and walked out.

      So, we had an Election right then and there, and guess who the new Directors and Officers were?  Those of us who had brought the Attorney!

 

May 12, 2016 03:51 AM
Ambassador
3,037,774
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Get a new management company and replace the Board Members.  It is NOT an easy process.  It takes a crap ton of time - I've there - done it.  It may involve a covert operation of getting homeowners to sign a petition - depending on resistant the board members are to making changes. Generally, from my experience, Board members are resistant. 

May 12, 2016 03:23 AM
Rainmaker
888,545
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Throw all the lousy bums out and get new management, officially notify all owners that the CCRs will be strictly enforced and no further notice will be provided. Then, ENFORCE THEM!  They didn't disappear because they were ignored!

May 12, 2016 03:19 AM
Rainmaker
5,530,433
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Coal,

I think that Susan Haughton has answered the question well.  I would add that a good PR campaign would help provided everyone is on the same page and in agreement. A

May 12, 2016 03:06 AM
Rainmaker
916,073
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Clean house and start over - you have to - it's happening in my area now with an HOA - the owners are super angry!

May 12, 2016 09:52 PM
Rainmaker
1,873,105
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Great answer Lyn Sims 

May 12, 2016 10:20 AM
Rainmaker
1,380,933
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'm with Lyn Sims on this one.  Kick out the HOA management company and the local board and hold people's feet to the fire for violations.  I'd even consider throwing out the CC&Rs and starting over from scratch.

May 12, 2016 03:50 AM
Rainmaker
956,131
Diana Zaccaro Broker Associate
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

There are some excellent answers already given but, to clarify...are you asking about a condo development or a PUD? The difference being that condos don't have HOAs, they have COAs while PUD and similar developments have HOAs. The two are fairly similar but, at least here in Florida, there are governed by different statutes in addition to the Declaration, By-Laws, CCRs, etc. A consult with a RE attorney would be a good start to determine what actions can be taken under the law and the COA/HOA docs which sometimes conflict with each other.

 

 

May 12, 2016 03:50 AM
Rainmaker
4,888,469
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I know of one HOA for a condo community that has LOTS of rules, and no one abides by them.   There are no pets, but a sign in the grass stating to pick up your dog's poo.    Oh brother!  

May 15, 2016 01:18 AM
Rainmaker
6,547,311
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Good management will enforce the rules.

May 12, 2016 10:44 PM
Rainmaker
3,322,398
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Most often they do not have to re-establish, just enforce them

May 12, 2016 09:49 PM
Rainmaker
795,232
Susan Laxson CRS
Premier Sotheby's International Realty - Naples, FL
The Michelle Thomas Team

I agree with Lyn Sims - Start over!

May 12, 2016 09:38 PM
Rainmaker
4,433,583
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Get a new management company.

May 12, 2016 09:29 PM
Ambassador
4,312,753
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

 Coal Infantino possibly using the new management altogether - by hiring professionals.

May 12, 2016 03:58 PM
Rainmaker
650,896
Sharon Kowitz
CRS-SRES-ABR-GRI-E-Pro-CREN Fonville Morisey Cary, NC - Cary, NC
Cary, NC Relocation Specialist ~ Buying or Selling

New management and someone who enforces the penalties of not following the rules!

May 12, 2016 01:38 PM
Rainmaker
2,707,268
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

Lyn Sims beat me to the answer...new management company and board are the first steps to take.

May 12, 2016 01:26 PM
Rainer
318,713
Melissa Jackson
Century 21 Alliance Properties - Azle, TX
Helping You Make The Right Move

I agree with Lyn Sims  Honestly I have never lived within an HOA. I deal with them only in my business and I've heard some stories!

May 12, 2016 01:14 PM
Ambassador
3,986,660
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That is a tough one. We had an HOA that wasn't doing anything to control the things of the neighborhood and the neighborhood was going down fast. Finally a few of the neighbors cared enough to get rid of the HOA management company and hire one that took on the challenge to collect late fees and issue letters and citations to offenders. It took a few years but now is back on track.

May 12, 2016 01:01 PM
Rainmaker
864,358
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Follow HOA's own rules and regulations and start penalizing those who are obstructing the rules. 

May 12, 2016 12:53 PM
Rainmaker
3,985,837
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Get rid of the current baord and start over

May 12, 2016 12:41 PM
Ambassador
3,722,438
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

OK, this assumes that starting to enforce the rules is a good thing, and it often is not.  In most instnaces, the more rules, the lower the home values.  Starting to enforce pet rules, for example, that have been ignored for years.  Strict pet regulations lower values.  And if suddnely half the owners are forced to get rid of Fluffy or move, and they all put their units on the market at the same time, you get a disaster.

May 12, 2016 12:27 PM
Rainmaker
2,442,552
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

In Indiana the State has paperwork to re-establish disfunctional HOA's.

May 12, 2016 11:24 AM
Rainmaker
3,333,845
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Do some positive PR with the residents...own up to what happened...have a meeting...social and business..he is the way it was...and here is how it will be...what is being done to fix what was wrong and to keep it from happening in the future...give the management a personality that is approachable.

May 12, 2016 10:50 AM
Rainmaker
1,715,678
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

It is a matter of having someone enforce them, whether it is the HOA itself or a management company that has been hired.  

May 12, 2016 10:03 AM
Rainmaker
1,457,027
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Coal Infantino Lyn Sims has the answer.

May 12, 2016 09:59 AM
Rainmaker
2,020,250
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Share this in class next week !

May 12, 2016 09:28 AM
Rainmaker
292,535
Jack Lewitz
Exit Strategy Realty - Evanston, IL

I am not sure if deed restrictions and covenants are the sole cause of lower home values but if a HOA board does not Manage and asserts too much power then I think it's up to unit owners to kick them off the board and hire new management .

May 12, 2016 09:06 AM
Rainmaker
1,157,485
FN LN
Toronto, ON

Legal counsel may be able to assist in advising the development regarding the legal issues.

May 12, 2016 04:19 AM
Rainer
230,924
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

they have said it well before. part of the issue is it is volunteer. and its a lot of work. u almost have to be nutz to do it. the mgmt co only does so much

May 12, 2016 03:58 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It's not an easy job, but given times and strict enforcement of the rules, it is possible.

May 12, 2016 03:54 AM
Rainmaker
882,857
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

By pooling those HOA fees and demonstrating the HOA has more money than the citizen, and that the citizen must continue to pay the fees while the HOA prosecutes with the attorneys battling it out.

Before values go up, they will go down due to the litigation that is certain to occur.

May 12, 2016 02:27 AM
Rainmaker
1,398,458
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Do like the government; fines and fee's!

May 12, 2016 02:25 AM