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HOA issue- help!

So we moved from our townhouse in one city to a wooded house in the outskirts (ok, the countryside) of another city. The house is in a HOA that supplies the neighborhood with water. They have 2 wells and a treatment plant and in the covenants it is stated that the water is to be treated AND softned. That is why we pay $350 every quarter.

Our water is HARD, like 9 grains/pm. Our glasses are etched, we have to pour Lemi-Shine into the dishwater like it's going out of style, the toilets are ruined and there are water spots EVERYWHERE. Don't get me started on what it is currently doing to my appliances and water heater.

I went to the HOA meeting to find that the softners have been broken for the last 6 or more months. They said that the softners MAY be fixed in the next 6-9 months.

My question is this: How legal would it be for us to NOT PAY since the HOA is not providing the treated water like it states in the covenants it should? And how would we go about doing that? (Anybody a lawyer?)

I am just so frustrated with them because I have been going to the HOA meetings for the last 6 months with NO RESULTS, I've brought the water softening professionals to the HOA meeting with NO RESULTS and I think that this is the last straw. I don't want to start a lawsuit, but to light a fire under their butts to do something and I think that money (or possible loss of) is the only motivation here.

Re: HOA issue- help!

  • Is the HOA run by homeowners or by a management company?

    What is holding up the repair? Does the HOA have the $ for the repair or why is it going to take 6 months to fix?  Does the HOA have a contingency fund/cash surplus that they save up for repairs? If they do not why? 

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  • The water is controlled/taken care of by the HOA. They are all volunteers, which means that they do it when they get to it. The water is safe to drink, BUT has very high mangonese levels, high sediment levels in the water itself, NO chlorine and it is very hard thanks to calcium.

    There is money to fix it, but since there is only 1 guy who got grandfathered into the position who knows what the heck is going on and he has a full time job, this becomes VERY low priority.

    I'm at the point where I just want to get my own all-house filter and softener which will cost like, 4 grand. only a few other people are dissatisfied with the water hardness due to lack of knowledge that this is what hard water is like (most people in the neighborhood are hippy-like retirees)

  • $4k for a whole house water softener sounds crazy high.  You can get the stuff from lowes for a few hundred.  It's pretty basic to install... water in, water out. 

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  • Not a lawyer, but from my experience with our HOA a non-payment would result in months of attempts to get me to pay followed by a law suit and possible lien on my house.  It would not result in getting things fixed faster, especially if I was the only one not paying.  Not sure how to recommend to get things going with the HOA other than consult a lawyer yourself or perhaps at the next meeting recommend a committee be started to get the project done and that you'd be happy to oversee it.  

    I also agree with PP that $4K seems high for a whole house water softener.  I know my parents did not pay that much.  They paid about $5-600 for the tank and a few hundred for installation.   I guess it depends on the system you are looking at, because theirs just softens using salt and does not filter.  

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  • Then I'd join the HOA board or at the next meeting offer to oversee the project and softener repair. Get the info, get 3 quotes, and move forward.

    Try to be "helpful" rather than accusatory when offering. That's this project is important to you (and probably others who haven't voiced concerns thus far) and as a community member  you want to help make it happen. 

    I would not stop paying because then you're just distracting the board from the project and they'll be talking about putting liens on your house instead. 

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  • Thanks everybody for the help... I got the same kind of advice from everyone else I've asked.

    I have to decide if I want to just pay for my own filter/softner or join the HOA and oversee this...

    Thanks again...

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