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When an HOA Board agrees to participate in the Internal

When an HOA Board...

When an HOA Board agrees to participate in the Internal Resolution Process what are their obligations? and are they not supposed to address this at the Board meeting?

Lawyer's Assistant: What steps have they taken so far? Have they prepared or filed any paperwork?

I sent the request in writing and addressed my request at the Board meeting in February. The Board accepted my request by email and I had the first meeting on March 7. The General Manager aka hospitality manager threatened to disconnect my telephone and internet service as well as all services my husband and I have enjoyed since we became an owner in 2004. The HOA president talked to me on January 12 and put it as an item to discuss for the January 17meeting. I was notified about the meeting on January 16 and could not reschedule my work and the meeting I had and had expressed this in writing with several Board members. On February 21, the President stated no action was taken because the Board has no authority; however, the minutes from that meeting released on February 26 reveal that one director moved my item as an executive session and the President motioned this. At the March 7 I asked about the executive action and he repeated again that no action was taken because they had no authority. I had a local attorney review all CCRs' and bylaws and we cannot find anything that would allow the manager to abruptly disconnect my services.

Lawyer's Assistant: Where is the property located?

The Village at Squaw Valley, Olympic Valley. Many owners are now afraid that she will do it to them

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes that we have been an owner since 2004 first under Intrawest, then KSL who later acquired Squaw Valley. We were on the rental program since 2004 and used all hospitality services since then. Unfortunately that manager does not treat all owners alike. Despite our efforts to work with her, she never paid for the damage caused by renters and staff, always postponed repairs and we paid them, promised to improve housekeeping but all we saw was a decline in service, disrespect for us and our guests and so to ensure that we continue to enjoy our stay and that our guests could enjoy their stay we removed ourselves from the rental program and got our own housekeeping. Hospitality services are provided for all owners - those not on the rental program pay extra. This manager disconnected our phone and internet early March - to do this she trespassed our property without notice. Squaw has a problem with keys because they are constantly de-activated. Since late 2016 I (like many owners) have been paying an extra $18 /day when we rent our condo - this gives our guests short term activated keys and the guarantee that the keys will be re-activated without any hassle. This manager has now suspended that service as well.

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Answered in 1 minute by:
3/19/2018
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 60,954
Experience: Experienced lawyer
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Are you asking if they need to give notice and act in good faith ?
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Customer reply replied 1 month ago
They did give notice and they seemed to be acting in good faith, but the IDR nor my issues are not on the agenda for the Board meeting this Wednesday. I only met with the President - he has denied that an executive action took place, but the minutes from the January meeting show that the "discussion for condo 4-408" was moved to an executive action by one of the 3 board directors and 2 motioned by the President. The CCRs and even the hospitality agreement do not give any details about an executive action and allow the Board to suspend services after a hearing and timely and proper notice. I never had a hearing and I was notified by email without any explanation by the General Manager, who does not treat owners with respect and who made the lives of many owners miserable - many sold their condo and/or moved out of the rental program, but we still need some services like front desk service because even though our owner keys are programmed to last for a long time, they are constantly de-activated .

what can I address at this point? are you asking for options to raise a complaint about their scheduling and handling?

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Customer reply replied 1 month ago
I paid a local attorney to review the CCR's, bylaws, and all other guidelines and he could not find anything that would allow her to abruptly disconnect my services, especially without a hearing and without notification.
The CCRs allow the Board to suspend services but we are in good standing. I am asking you to know what needs to happen after that first meeting. Should they tell all board members that they have accepted the IDR and should they not discuss or report the facts of what was discussed on March 7 with all board members? I only have the contact addresses of 3 Board of directors and 2 hospitality members who report directly to the Board. I do not have the contact info for the residents who sit on the Board.

Having not reviewed the documents, I would tend to agree that any disconnection is highly improper and wuold violate standard rules and practices. The meeting discussions are normally not disclosed outside the board, unless internal rules provide otherwise. You and your counsel should be allowed to communicate with the board and seek disclosure and object to the conduct to date

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Customer reply replied 1 month ago
I did not hire the lawyer because he started to give suggestions like that it might be better to sell our condo, he promised to contact the Board, but instead procrastinated and only called the Manager on February 15 and she basically told him she can stop serving hospitality services to anyone and he accepted that answer.
It was my idea to file the IDR as a way to gain time and get proper answers. The Board has also requested that she not de-activate my internet and telephone services, but we were in the condo this weekend and she did disconnect these services. To disconnect one person needs to access our condo. We have a nest camera, but we found it unplugged.

I understand. selling the condo is not an option given this situation. You should consider having different local counsel press the board seeking in the first instance a meeting to address and resolve the issue and avoid escalation. If my reply is acceptable, please reply "acceptable"

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Customer reply replied 1 month ago
Acceptable

Thank you.

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Infolawyer, Lawyer
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