Rules should be created and enforced reasonably, fairly, and consistently.
Performance Review of the Board and Management Co. 2017-2018
Neglect of Property Inspections and Maintenance
- No baseline property evaluation and inspection was conducted at the beginning of the transition (January 2017). There have been no regular, independent, quality property inspections of the common and limited common elements. This would have given us a baseline of property conditions to work from in negotiations with TOA. This baseline of data would have helped to prove that conditions existed at the time of turnover and whether those conditions changed over time.
- The board may have ignored its fiduciary duty by procrastinating necessary work. As part of the board’s fiduciary duty to maintain, repair, and replace common property, the board should have arranged for a professional, independent inspection of the property. A professional inspection report would have brought to light any construction defects. (Jan-May 2017)
- The board did not hire “experts” to assess property condition and issues until the last quarter of 2017.
- Example: As with any maintenance-related problem, drainage deficiencies only worsen with the passage of time.
- Deficient, inconsistent and unprofessional “property reports” from the management company are accepted and approved by the board.
- There is no evidence that a community-wide comprehensive preventive and proactive maintenance plan has been developed. Only reactive maintenance is being performed.
- The board allowed the clubhouse warranty to expire in June, 2017 before repair issues were resolved and, as of March 2018, the board hasn't even reviewed the warranty documents. (Transition Accountability Committee meeting, March 3, 2018)
When a board and community manager fail to maintain the common areas, property values drop. Deferral of necessary inspections, maintenance and repair only serves to prolong the inevitable - - at a cost (in dollars as well as property value) that is far greater than sacrificing to do what is right and necessary in a timely fashion. Property values will decrease and monthly assessments will increase.
Poor Business Judgement and Questionable Decision-Making
- Refusal to have an independent financial audit of the HOA.
- UPDATE (7/20/2018): The Board has finally decided to have an audit of 2017 financial statements.
- ** UPDATE from Finance, Budget and Insurance Committee Notes (April, 2018): "Will get three bids from an independent CPA for the purpose of performing an outside review/audit of the 2017 HOA financials. There are mixed feeling (sic) on the need for an annual audit given its cost but there is also a feeling that one would help all reach a level of comfort with the current process."
- Hopefully the Board will accept the recommendation from the Finance, Budget and Insurance Committee. We hope the Finance, Budget and Insurance Committee will follow-through and recommend an independent, complete financial audit (not simply a review or compilation).
- Only an audit will provide the HOA with reasonable assurance that their financial statements are reasonably stated.
- Contracts signed without proper examination of contents.
- Example: Two-year extension of landscaping services signed without reading the contract. (Special Meeting of the HOA Executive Board, February 10, 2018)
- Inadequate supervision and oversight of the management company’s contractual obligations and accounting processes.
- Errors and misstatements in financial statements are not resolved in a timely fashion.
- Poor board review of financial statements and management company’s accounting procedures.
- Questionable presentation and formatting of financial statements.
- The board and management company are not effectively monitoring contracts for proper execution and compliance by vendors.
- Contracts are poorly negotiated. Vendors are not properly vetted.
- Example: $83,000 contract with snow removal company that has a D+ rating with the Better Business Bureau.
- The board should have immediately addressed any construction or financial issues with the developer during the turnover process or immediately thereafter because the longer the association waits to remedy any such issues, the easier it is for the developer to allege that such problems are the result of the association’s failure to adequately maintain the common areas, natural deterioration and wear and tear or the association’s failure to maintain proper financial records and practices. (Jan 2017 - March, 2018)
- The board (and its committees) displayed little knowledge of the TOA performance bond Ohio Township was holding. (Board Meeting, November 21, 2017)
- The board took no action to utilize the bond as a negotiation tool. The bond was reduced to maintenance status.
- The board missed the opportunity to use it as leverage in negotiations with TOA.
- Inadequate knowledge of our community's governing documents. (Board Meeting, November 21, 2017)
- Ineffective and unproductive negotiation attempts with TOA throughout 2017 and first quarter, 2018
- The board has not adequately addressed concerns regarding what appropriate credentials (licensing, certifications) the community management personnel hold as evidence of their competence to manage the community, finances and investments.
- Example: "Per the HOA board, (the management company) will handle investing the initial $250,000 of reserve funds in laddered CD’s..." (Finance, Budget & Insurance Committee Notes, January 2, 2018)
- **UPDATE from Finance, Budget & Insurance Committee (April 2018): " Investment policy to be adjusted to reflect that all Reserve Fund investments will be handled by Janney."
The Board’s decision to not have an independent 2017 audit of the HOA combined with their poor supervision of the management company's accounting and record-keeping procedures indicates a lack of financial oversight.
UPDATE (7/20/2018): The Board has finally decided to have an independent audit of 2017 financial statements.
No Transparency and Poor Communication
- Spending homeowners’ money without their knowledge or input.
- Example: "Action without a Meeting" resolution to commit the HOA to $1,441.35 contract to purchase aerobic room flooring. (February 6, 2018)
- Example: “Action without a Meeting” resolution to commit residents to contracts totaling over $100,000. (October 19, 2017)
- Selective and arbitrary enforcement of the Declaration and Rules & Regulations.
- Homeowners made requests to review variances in an effort to assess how equitable and fair the Architectural Review Committee is in its decision-making. The requests were denied by the board. (November, 2017)
- Other homeowners were told that "some of the variances are lost.”
- Yet, in November 2017, the HOA was charged $450 by the management company as a "fee for copying two complete variance files for legal reasons."
- Lack of action, evasiveness, neglect and delay in response to pool contamination. (July, 2017)
- Several residents attempted to have the board and management company hear their concerns about the pool and the delay in correcting the chlorination and subsequent contamination problems—the board refused to listen claiming the board meeting was “closed” to homeowners. (August 9, 2017)
- The board was ignorant of the landscaping contract contents – the incorrect contents had to be brought to the attention of the community by an individual homeowner. (March 3, 2018)
- Communicated incorrect information to homeowners about the storm water system. (Special Meeting of the HOA Executive Board , February 10, 2018)
The board and management company need a reminder that the HOA exists to protect the integrity of the community and do what is in the best interest of its members. Being open and honest about decisions, funding, contracts, services, maintenance, and more is essential to keep homeowners involved and informed.
Denying the truth doesn't change the facts.
Another cowardly act...
The Board can't attack the messages so they attack the messenger:
At the October 10, 2019 Board meeting, the President waited until the very end of the meeting to present a statement from the Board maligning this website, its administrator and content.
He read the statement and then immediately adjourned the meeting -- scurrying away and not allowing for any response. A strong indication they are frightened (bullies always are) and unable to defend their statement or prove their allegations.
False accusations and unjustified implications were made. This is what people who lack valid arguments resort to.
**UPDATE: We requested a copy of the statement to share with all homeowners. The Board's reply: "The Board Statement delivered by [the president] at the end of the meeting was for residents in attendance at the meeting. We are not required to nor plan on releasing the statement."
So much for the transparency we have been promised. It appears the Board cannot stand behind their statement.
Homeowners deserve the truth, not the self-serving, whiny nonsense the Board presented.
If you wish to see the actual statement, with the Advocacy response, click on the button below to request a copy.
[Note: Copies will only be provided to homeowners with an email address registered to the Sewickley Ridge HOA.]
Request to Review Documents -- Board Obstruction Continues
Pennsylvania Statute
HOA Office in Our Clubhouse
Pennsylvania Statute
Bylaws
HOA Office in Our Clubhouse
Pennsylvania Statute
HOA Office in Our Clubhouse
HOA Office in Our Clubhouse
Homeowner's Email Message to the HOA Board (no response from the Board)
Comments from a Homeowner Sent to the Board (no response from the Board)
(July 5, 2018) "I am astounded as to why this Board continues to behave in a way that invites investigation and rebuke from agencies and organizations whose mission is to protect Senior Citizens and the disabled. If this behavior continues the situation is likely to become public thus impacting the revered “property values” touted by those allegedly concerned about the image of this community.
A further concern is the tendency of this Board to cater to a “management company” that is often blatantly in violation of its contract without any visible consequence. Why this occurs is a mystery but my imagination has indulged in creative speculation.
You have failed to provide a cogent reason why residents who wish to examine documents that they entitled to see must be inconvenienced by a drive to Cranberry when the “management company” was given space in the club house in which to conduct business.
Furthermore it would be wise to include residents who are astutely monitoring operations in the community in the decision making process rather than treating them and labeling them as “trouble makers”.
There is a Board member who, when confronted with a question he cannot answer or a fact which he does not have the knowledge to dispute, replies “That is your opinion”.
Well this is my informed opinion—I would really welcome more of these."
Comments from a Homeowner Sent to the Board (no response from the Board)
Comments from a Homeowner Sent to the Board (no response from the Board)
Comments from a Homeowner Sent to the Board (no response from the Board)
(July 2, 2018)
- "I sincerely believe that making us go to the Cranberry office is not what I would deem as a reasonable alternative to being able to have them brought to us in the HOA office that in our community center. As I believe she has a list of what we are asking for as covered by our governing documents, wouldn’t it be just as easy for her to bring them to the HOA office here when she is doing her property inspections?
- Secondly I would hope that she is also prepared to have the original documents present and not copies.
I along with other residents of this community are genuinely concerned over the sloppy reporting and absence of follow-up on many issues that are either done with duplicity or incompetency on her part. It is time that she be held accountable for the fiscal responsibility that is expected by this community from her services and gives all in this community satisfaction of a honest reporting. The supplying of the financial reports that were provided in the past are no long available to us as residents and that elimination of transparency does come with some reporting responsibility on her part and that of her company. As we discussed in our meeting the first of June, I don’t believe it is too much to ask that the reports are brought here in their entirety.
I would appreciate some consideration for all of us."
Questions asked of the HOA Board (no response or answers from the Board)
Comments from a Homeowner Sent to the Board (no response from the Board)
Comments from a Homeowner Sent to the Board (no response from the Board)
(July 1, 2018) "Why place undue hardship and inconvenience on the residents of a 55+ community who simply wish to review how their money is being spent and managed? We would hope the management company and Board of Directors are not intentionally making records access, review and copying difficult for requesting homeowners as a form of retribution and/or concealment. Please provide a rational and relevant explanation:
- Why homeowners with accessibility issues are being required to drive 26 miles round trip to view records?
- Include in your explanation why you believe the records are being made reasonably available (via a trip to Cranberry) when there are already records and documents being made available in the Homeowners Association Office and Library in the Clubhouse.
- Why copies are prohibited when email requests for records and documents are denied?
What happened to the Board's promises? $33,000 HOA expense!
The Clubhouse & Pool Committee did an excellent job of presenting the storage building information.
August 25, 2018: However, this doesn't mitigate the fact that the Board "dropped the ball" again, and allowed TOA to avoid any financial responsibility for a "promise" TOA made over a year ago. Again, the homeowners are paying the entire cost for something that could have been negotiated.
June 17, 2017: "to ensure that the HOA not be exposed to potentially significant future expenses"
Source: 6/17/18 Board Brief
Homeowner comment: $33,000 is a "significant expense."
April 3, 2017: "TOA will be held accountable for all of their promises..."
April 3, 2017: "TOA will be held accountable for all of their promises..."
Source: 4/3/2017 Board Brief
residents have no choice.
May 2019: Board Resolution Requiring Homeowners to Purchase Signs from Specific, "Board-Approved" Vendor:
"Real estate signs and frames must be purchased from [---] sign company in Bridgeville, PA. The cost of the for sale sign is the responsibility of the owner or sales agent."
Source: Resolution Amending the Rules and Regulations of the Sewickley Ridge Homeowners Association Section G. Signs - Real Estate Signage
(Highlights added by Web Administrator)
Comment from a Resident:
"Subject- For sale sign in front, finally but it has to be bought from a company in Bridgeville for around $135, ridiculous. What is next, Real Estate firms supply signs at no cost. I assume this comes from the Board or [the management company], does Liberty [Hills] the other over 55 community charge for signs,* whose pocket is being lined. Thanks,"
Resident, Victory Lane
Advocacy Comment and Question for the Board:
Let's see if we've got this straight:
- Landscaping is a mess.
- In over two years, we have had no proper inspections or preventive maintenance planned or performed.
- Nearly 30% of the unit roofs have already had leaks and repairs.
- There is questionable and wasteful spending of HOA money.
So, the board decides to focus on "For Sale" signs! They pass a resolution to force homeowners to comply with a rule amendment restricting "For Sale" signs?!? Really? This was a priority with everything else that is happening in the community?
WE'RE BEGGING THE BOARD--PLEASE START USING COMMON SENSE, SET RATIONAL PRIORITIES, AND ESTABLISH REASONABLE AND FAIR RULES.
Please speak up and let the Board know:
Rules should be developed only if they are necessary and have a purpose that benefits homeowners.
Good rules resolve, rather than create, problems.
Make sure that rules balance the protection of property values with our residents’ freedom to enjoy their homes.
And for goodness sake, start setting intelligent priorities and focus on our community’s real problems.
Photo taken on September 20, 2019
Rules & Regulations, Rule B. 27, page 5
"Pumpkins may be displayed during October and November." Uh oh, it's only September.
Why is this resident (a Board Member) permitted to violate a rule?
We love this time of year, especially displaying pumpkins. Is pointing out this violation petty? We know it is, that is why we didn't report it.
But think about the $50,000+ OF HOA MONEY OUR BOARD SPENT SUING A FELLOW HOMEOWNER FOR RULE VIOLATIONS. Let that sink in...
Some things to think about...
April 2020 Board Elections
Suggested changes to the 2020 Board elections procedure were sent to the Board of Directors in December 2019.
If we hear anything from the Board, we will post the response here.
2/24/2020 Oh well...the Board never responded to our suggestions. They have announced the management company will handle all aspects of the election.
If you would like to review the suggestions sent to the Board, click on the button below or click on the "Board Election 2020" page in the menu at the top of this page.
Homeowners must respect the HOA Board's authority.
However, the HOA Board must respect a homeowner's individual freedoms.
Homeowners should expect a certain quality of treatment from their association and Board. These expectations are based on rights established in the law, or on basic standards of decency and respect.
Homeowners who assertively pursue their rights through reasonable and proper channels can change their HOA, while boards who wrongly or purposefully deny rights of homeowners who are behaving reasonably will only hinder the HOA’s purpose. And when both parties work together towards one common goal, it’s amazing the community they can build.
https://www.echo-ca.org/article/ethics-code-hoa-board-members
Who thought this was in the best interest of homeowners?
Who thought this was in the best interest of homeowners?
According to the management company contract "negotiated" by our Board:
Residents must travel to the management company’s office (near the Pittsburgh airport) and PAY $50 PER HOUR to review how their money is being spent and invested.
The information will not be provided in any other way. Unless you're on the Board or a "select" committee--then the documents and information will be provided to you, either copies or by electronic access.
ALL OTHER HOMEOWNERS MUST PAY TO SEE HOW THEIR MONEY IS BEING SPENT AND MANAGED.