What right does the HOA of an estate to keep changing the rules
What right does the HOA of an estate to keep changing the rules and sometimes mismanaging the Estate. We live in a retirement estate in Midstream Estates, where the levies have increased an average 15% every year for the past 6 years. A newly appointed HOA have been shofting the goalposts every since it was appointed 2 years ago. The common gardens have been watered three times a week in summer, and now the HOA have notified that there is no money in the budget to water the gardens so often anymore. Can they just change the schedule and advise in the weekly general newsletter. A herb garden was established for the residents to use from day one. Now they have given one resident the right to remove the herbs and plant vegetables and then we have to buy the vegetables from him. And many more unsavoury changes.
Hi there and thank you for your question, The trustees of the HOA areappointed by the members of the HOA to manage the estate. They therefore have certain powers, and one of those powers would most probably be “to ensure that the estate is properly looked after and maintained”, which would include deciding on when the grass is to be watered. More often than not the developer is one of the trustees, and normally takes quite a “vocal” stand in the trustee meetings’. Of course there is a duty on them to exercise good judgement in their decisions and where the are failing a cmplaint should be laid with developers. A meeting should be scheduled by residents with a resolution to the Developers and directors. Write a letter to the trustees calling for an urgent special general meeting to be held. Write an agenda of ALL of the issues that you want dealt with. Circulate the agenda to all residents. Put pressure on the trustees to hold the meeting and to deal with all of the issues raised.