On Thu, 8 Dec 2005 17:54:07 -0600, "Mike Dobony"
wrote:


"HeyBub" wrote in message
...
Larry Bud wrote:
Got a letter today from the VP of the Management for our site condos
today. Almost every year we have to patch about 1/2 mile or so of
road from pot holes. The roads are not heavily travelled, and only
used by our sub, and while the pot holes were a nuisance, the road is
only 15 mph.

The letter states that the board had conferred with several asphalt
contrators who have concluded that the road was "originally installed
an an incorrect pitch with much of the base comprised of grey wet
clay". The board had decided to tear out a good portion of the road,
and the estimated cost was $225,000. Our dues are to go up from
$75/month to almost $300 from jan to apr, then back down to $80 after
that.

What can be done to stop this? I find it ridiculous that even if
there is an underlying problem, the cost to repair the road this year
was $5500. At that rate, we could repair the road for 41 years for
the cost of replacement. This even assumes that the new road
wouldn't even have to have repairs in that time, which is probably
impossible.

Most likely the contractor is a close relative of a board member.

Check your association's by-laws. Maybe a petition, recall election, or
other remedy for a rogue board is provided. You'll have to have at hand a
copy of the by-laws when you visit your attorney anyway.


I have seen some of the regs for such a development which forbids legal
action by its members : ( Hope yours is not like that.

I hope not also.

I actually sued my HOA to get an affirmative injunction to make them
pay the dues on the swimming pool next door.

I couldn't afford an attorney, so I did it myself, based on my 2 years
in law schoo, and the help of the clerks in the Country Clerk's
office.

The other side had an attorney of course paid for by the HOA's
directors and xxx insurance policy.

As badly as I did, you'll do worse without any law school. I did
well in the first round but had major trouble in the second.

Also I had a clause in the bylaws that seemed toimply they had to pay
the dues, and I had evidence they had intentionally miscounted the
votes during the intervening election for board memebers.. You don't
have that.

MY friends in NYC had 2 votes of 9 on their side, and when I left
Sunday afternoon, they were expecting two more board members for
dinner, at which they were going to try to convince htem to stop
water-testing the wall. iirc. With 4 votes, they thought the
president of the condo board was a reasonable guy and he would vote
with them. I have to check what happend.

But I think invitign the board members to dinner, one or two at a
time, would be a good idea. You don't have to advertise these
invitations to other people, but don't hide or lie about them either.
You will be found out.

We own our own streets and would like to give them to the county so
that they would be responsible, but the county won't take them because
there isn't a sufficientyly thick base, iiuc. I don't know if our
periodic resurfacing (black top) is doing anything to increase the
base, or we'll just own them forever. If it were your board they'd
probably want to dig the whole thing up and start all over again. I
can't remember what a total repave cost 10 years ago. It was either 10
thousand or a 100 thousand, Must have been 100. About 5 medium
length blocks with parking on both sides.

Some paving companies just want to sell. Get another opinion from a
reputable company or two.






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