The irrigation system that is managed by our HOA and serves the our community has not been functional since April 15 due to a well pump failure.
Since then we’ve received several inconsistent and conflicting emails from our HOA about a resolution, including:
- an option to vote to repair the broken well pump, or
- a refund from the HOA so homeowners could pursue other irrigation options.
The most recent correspondence (May 29) states the HOA has decided not to fix the broken pump — despite prior promises and the fiduciary responsibility outlined in the community bylaws (Section 6(r)).
The HOA also indicated in that email they plan to refund the irrigation reserve funds to homeowners.
After receiving the lastest HOA email, I contacted the an attorney that specializes in HOA disputes, summarized the situation, and they agreed to set up a consultation for anyone interested in pursuing a legal remedy to this problem.
A letter demanding reconsideration of the decision to discontinue the Pines and Chattooga irrigation system was sent to the HOA on May 31.
The HOA acknowledged receipt and said they will forward that letter to the HOA’s attorney.
There is another effort in place by another homeowner via petition, asking the HOA to transfer management, financing, and maintenance of the well, pump, and irrigation system to a homeowners’ group.
I don’t think this is a good idea, since there have been no details regarding how this plan would be implemented and it seems to let the HOA off-the-hook regarding their responsibilities outlined in the bylaws.
There is an HOA meeting on June 10 and I anticipate it being contentious and unpleasant.
Remember the scene from There Will Be Blood?
Something like that..
Any advice would be appreciated.
Thanks.