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Question for Florida Attorneys re HOA Situation

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April 24, 2021, 10:30 PM
Hamden106
Question for Florida Attorneys re HOA Situation
Seeing the pavement cracks nearby, that will be a bigger repair that you know.
I'd angle the issue onto who's insurance pays any liabilities.
If no response, stuff 3/4- in it as needed, and paint the edges



SIGnature
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April 24, 2021, 10:42 PM
Icabod
https://www.masslive.com/news/...arly-police-say.html

This got a lot of press.

“ Weeks before Thanksgiving, residents in one Massachusetts community are getting a head start on their Christmas decorating, plunging into the holiday season in a uniquely public way.
Police in North Attleborough discovered Monday that multiple potholes in the town were filled with Christmas trees.
The community’s police department posted images to Facebook of the holiday scene that showed soil and small trees with red bows filling the holes.
“ Looks like someone is getting into the Christmas spirit early... guess that is one way to fill pot holes,” the department said in its post.
It is not clear whether the trees were interfering with driving conditions. The department did not immediately respond to calls from MassLive.



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April 24, 2021, 10:56 PM
LS1 GTO
quote:
Originally posted by Johnny 3eagles:
I'm an asshole, so my advice may be skewed. Buy two small trees at home depot or lowes. Plant them in the potholes.


This might be a very good idea - even for an 84 year-old. Wink






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April 25, 2021, 07:12 AM
Sig209
if it bothered me that much I'd probably go out there at night and pour some gravel in the holes while waiting for the 'permanent' resolution

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Proverbs 27:17 - As iron sharpens iron, so one man sharpens another.
April 25, 2021, 07:21 AM
triggertreat
quote:
Originally posted by Sig209:
if it bothered me that much I'd probably go out there at night and pour some gravel in the holes while waiting for the 'permanent' resolution

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Why do it at night? I think you know the answer. Unless you have permission in writing I would do nothing. Why take the chance of creating a liability issue for yourself



I'm alright it's the rest of the world that's all screwed up!
April 25, 2021, 07:25 AM
ArtieS
I am a Florida attorney, although I don't really practice in this area. It appears from a quick look that your only real option, other than bringing public and community pressure on the board and management company is to sue.

Now, there are a few other options: Go to the office and request a copy of the management contract and HOA rules. Review the contract and see what it's renewal provisions are. Check the rules for putting an agenda item on the meeting schedule, and then put a motion in the meeting to consider replacing the management company. I know a very good management company if you can get any traction to replace yours.

I'm happy to help looking at the documents, or helping you get them.

A



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April 25, 2021, 07:39 AM
Excam_Man
Deduct a fee from the HOA dues until the potholes are repaired.

Note it and complain about the unsightly safety markers.

I bet they'd bitch if you had something similar in your yard.




April 25, 2021, 07:48 AM
downtownv
Small claims court cheap and usually rule in the Consumers direction.


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April 25, 2021, 08:07 AM
TomV
Any other neighbors unhappy with the management company? If so, band together and hire a different, more responsive company.
April 25, 2021, 08:23 AM
.38supersig
You say Tomato, I say Toronto...

They had a massive hole in Toronto and passers by filled it with tomato plants.




April 25, 2021, 11:05 AM
Leemur
quote:
Originally posted by Sig209:
if it bothered me that much I'd probably go out there at night and pour some gravel in the holes while waiting for the 'permanent' resolution

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Not if you were 84 years old with balance and mobility issues.
April 25, 2021, 11:12 AM
honestlou
Do you have a phone number for the HOA President? If so, try calling all hours of the night, and tell him/her "I just can't sleep thinking about those potholes".
April 25, 2021, 11:15 AM
jcsabolt2
For what it is worth, those do not look like potholes to me, but rather a potential break in the pipe carrying the storm sewer. They are simply too deep to be a "normal" pothole that occurs over time. If left unchecked they can turn into sinkholes to a varying degree. Having someone running a camera through those segments would be a good idea if you cannot see the damage from the adjacent manhole and catch basin/inlet structure.


----------
“Nobody can ever take your integrity away from you. Only you can give up your integrity.” H. Norman Schwarzkopf
April 25, 2021, 12:09 PM
V-Tail
quote:
Originally posted by jcsabolt2:

For what it is worth, those do not look like potholes to me, but rather a potential break in the pipe carrying the storm sewer. They are simply too deep to be a "normal" pothole that occurs over time. If left unchecked they can turn into sinkholes to a varying degree.
The so-called "property manager" at Sentry Management has been stonewalling me, refusing to respond to email inquiries (I need to communicate in writing, telephone is not a good option because hearing aids).

HOA president states that the city will not permit repairs until underlying pipe damage has been rectified. She further states that this has been done and Sentry Management needs to follow up and get the potholes fixed. Property manager has not responded to date.

Next HOA meeting is scheduled for early May. I have been informed that the agenda includes discussion of possible change of property management companies. Sentry Management is huge. Our community is not tiny, there are probably more than 1,000 homes in our two HOAs.



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April 25, 2021, 12:22 PM
comet24
They have a Facebook and Youtube channel. Likely Twitter as well.

If you can make a comment there. Sometimes companies that are crappy to respond will if you hit them on those platforms.

If you can find the emails for higher-ups in the company start cc'ing them on your emails.


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April 25, 2021, 12:35 PM
cgode
Any of your local TV stations have a consumer reporter? I would think getting the media involved (as much as I hate them) would get some movement when there’s “film at 6” putting the HOA and responsible parties in everyone’s living room on the boob-tube at dinner time


________________________
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April 25, 2021, 12:38 PM
nhracecraft
quote:
Originally posted by V-Tail:
The so-called "property manager" at Sentry Management has been stonewalling me, refusing to respond to email inquiries (I need to communicate in writing, telephone is not a good option because hearing aids).

I'd go their local office and speak to a human, in person. It's much harder for them ignore/dodge you when your standing there in from of them. Further is easier to discern if they're lying to you as well... Wink


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April 25, 2021, 01:47 PM
V-Tail
Per past experience, it's not likely that I would find her in the office, so that would probably be a waste of time.

Also, I prefer to communicate in writing for two reasons:
  1. It's not always easy for me to understand, because hearing aids. More difficult for me with female voices due to high frequency content, where my hearing loss is most severe, and

  2. If I have a written record of communication, specifically emails from her, there is far less chance of a "he said, she said" dispute.




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April 25, 2021, 02:43 PM
MikeGLI
LR-
If the idea of filling with dirt gravel or any other aggregate becomes a temporary option, I’ll gladly lay it for you. I’m not an asphalt or concrete guy, but I don’t have mobility or balance issues.




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April 25, 2021, 04:17 PM
V-Tail
Thanks for the offer, Mike. I'll have to ponder that. Ensigmatic indicated that there might be a liability problem.

Also, I believe that city has inspected the pipe repair inside the holes, but if they have not done this yet, or if they need another look, it would likely be A Bad Thing to cover it up.

My best solution, if I can find a way to make it happen, is to get the management company off their motionless ass and take care of this, as we (HOA members) are paying them to do.

I have asked both the HOA president and Sentry Management what company is underwriting the HOA's liability insurance. If they read between the lines on this request, they might actually get the repair started.



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