eChipmunks

Negotiating with my condo association: how to do this most effectively?

To note: I pay all my bills in advance via electronic bill pay and have never had a neighborhood violation on my condo. Yet I have had terrible bug problems coming from an abandoned condo upstairs (to the point even Truly Nolen Pest Control (high-line pest control) told me there were no bug nests whatsoever and 100% of my bugs were from my upstairs "neighbors")...and the exterior paint on my porch (an area I am not allowed to fix) is flaking off dramatically. I have filed a report about the bugs with Houston health control to no avail. More recently, I smelled pot for next-door neighbors on the same level for a couple of weeks and, after the guard refused to deal with it, I finally stopped it by leaving a note on their door saying "if you don't stop I will report suspected drug trading". ----------------------------------------------------------------------- I am to the point of looking for legal action. I am spending $200 a month for the type of "service" described above (IE my condo association fee) and wondering...is there a legal way to force my condo association to not charge maintenance fees UNTIL they fix at least the bug problem (and preferably the others as well)? How would you suggest pushing them into a corner...so they absolutely have to do something? For the record, I paid for the pest control...and Truely Nolen noted there was nothing wrong/"improvable" with the cleanliness of my condo (kitchen or otherwise) and the bugs were spread around randomly (rather than situated near an unclean/wet area). For the record, I have contacted the HOA and they have not responded. I AM on the HOA, but final decisions are made by the board (which is one person/"admin") and I have not gotten the chance to be on the board. If I really am to blame for "not being active enough"...is my remaining course of action to A) try and get elected over the board chairperson? B) watch my neighborhood fumble downward? ******************************** As I said before, both myself a Truly Nolen confirmed the bugs WERE coming from another unit...thus making it an "external" issue. They are coming off the porch and from the walls of the unit above me...I for one know the porch's are their duty to fix. ********************************** Also...the unit upstairs is "owned" by a person who has NOT maintained their unit up to community guidelines and the association claims he is "un-contactable b/c he moved out of state". ********************************** Also, for the record, Truly Nolen was the agency who told me I should contact the HOA regarding my problem in the first place. Another statement: even permission I would GLADLY A) paint my porch myself B) pest control the abandoned upstairs apartment myself A way do allow the HOA to let me do that would be great if you could find one. For sure, I'm not some "lazy bum" expecting them to solve things for me: I just want things to GET DONE WELL somehow.

Public Comments

1. You are obviously not aware of what an HOA does. they are not responsible for removing or treating bug nests inside other units. They are not responsible for calling the police on your neighbors regarding drugs, it's no different than if you lived in a house and your neighbors were smoking pot. Each unit owner is responsible for the inside of their unit. The HOA is only responsible for outside your unit and the common areas. If the "nests" of bugs were located outside on the common areas then you could bug them about getting out a pest control to spray the exterior, the paint is their responsibility but unless they choose to paint the entire building at one time you are going to have to wait on the peeling paint until they decide the entire building needs to be painted, you cannot "force or coerce" them into painting just your patio. You are responsible for pest control within your unit not the association so the fact that you paid to have pest control done is irrelevant. Your only recourse is to call the HOA and ask for the owner of the upstairs unit, you need to contact them regarding this and have them fix the "bug" issue if in fact it's coming from their unit or have them inspect to see if it is their problem. Your HOA is responsible for paying the common area electricity, pool repair, trash removal, landscaping, repairing the exterior of the property, roof, painting, parking lot resealing and paying for the water. THAT'S IT. You have no leverage here in being able to push them into a corner, you cannot coerce them into doing any of the items you have listed. Just make them aware of the peeling paint so when they decide to paint the building they pay attention to your patio. If you had a management company then you could contact them and ask them to send a letter to the upstairs owner to complain of the bugs in his unit and they could send a notice to the pot smoking neighbors to cease, that's what a management company does, but even still they are not the ones to "fix" the issues, that's up to the individual unit owner. My suggestion, join your condo board and get on as a director, you have more say over what happens at the complex that way.
2. I would suggest that you review your HOA Rules & Regulations. There you will probably find ways to address your bug concern, your neighbors and your flaking paint directly to the HOA Management company and/or the HOA Board of Directors. Once you have found out how to submit your complaints you can proceed. You may want to send a copy of the pest control bill/report through proper channels w/your complaint. You will want to take photos of the peeling paint and submit that with your request for maintenance. You may also want to consult with an attorney if you feel your HOA Management company and/or the HOA Board of Directors have been non-responsive to your concerns. I don't suggest that you withhold payment of your HOA fees unless your attorney advises this. It could cause you more trouble than you want. Becoming an active participant in your HOA could be a way to have your concerns addressed to your satisfaction. The greasy wheel gets the oil.
3. The First answer is correct and at least in Ohio it is not legal to with hold association fees for any reason according to the Ohio revised code