Letter: Homeowner groups have their perils

Tuesday, May 4, 1999 | 7:56 a.m.

Since October of 1997 we have had nothing but problems with our HOA. We rejected the budget for the fiscal year '97-'98, which included on the same ballot a proposal to convert to desert landscaping. Shortly thereafter the HOA started installing desert landscaping even though it was rejected along with the budget.

Since July of 1998 we have been trying to see our financial records. The president gave us what he thought we wanted to see. After reviewing the reconciliation report for the third quarter, we asked for copies of 33 checks and 23 invoices. We were informed the cost for this would be $425. Finally two weeks ago, but not before the intervention of a lawyer, we had the chance to review all financial data, but are still waiting for copies.

Now the HOA is threatening to foreclose an elderly lady for $88. This is a "transfer fee" charged, by the HOA not the state, to all new loans as well as refinances. The only problem is, there is no documentation showing that the HOA has the authority to charge this fee. When this lady asked to see this documentation, the president stated that he couldn't find the documentation in the CC&Rs and didn't believe it was on file any longer.

Why should HOAs have this power when there are laws in the state that prevent these practices? Who is in charge of enforcing these laws? If no state entity wants to take responsibility for laws that are existent, then the people who are responsible should not be in office.

MIKE MEYERS