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Esteemed Contributor
Posts: 5,453
Registered: ‎02-02-2015

I would go after the Hoa board for a bit and if they didn't make it right, see an attorney who will probably send a strongly worded letter.  The hoa who hired the company should have it fixed or replaced.  Typically driveways are not considered a common area and conveys with a sale of your property.  That said, usually that means the homeowner is responsible for maintenance.  If it's a shared area that may be different.

Honored Contributor
Posts: 9,278
Registered: ‎03-09-2010

First thing I would have done was not let them use my water to wash the neighbors houses.

 

I would keep after the HOA and the Real Estate office, next thing you know you will be getting a letter from them telling you that your driveway is not up to community standards and you need to have it taken care of.

Respected Contributor
Posts: 2,206
Registered: ‎09-18-2010

You need to be persistent and continually complain to your HOA and property management company.  If necessary, request an appointment to attend a board meeting to plead your case, complete with pictures and any other documents you might have.  I would assume the contract was approved by the board and signed by the president of the board, so they are the ones that are responsible for getting your driveway remedied.  The management agent is the overseer to insure the work is completed and done satisfactorily.

 

I find it surprising that the board or the management company has not taken any steps to have this corrected.  When dealing with a board of directors, it is, always, a time consuming project because it depends how often your board meets but your property manager should have taken action.  Is your property manager on property?

 

There are many advantages to having a HOA and there are, just, as many drawbacks as well.  You need to read your bylaws and rules and regulations to see what your options are in order to proceed.  A letter from an attorney might help and it's a nominal charge.  You could hire a company to clean your driveway and then take the Board to small claims court for the price of cleaning the driveway.

Honored Contributor
Posts: 12,882
Registered: ‎03-09-2010

I would be LIVID.

 

First, I would have them use the neighbors water supply to powerwash your house.

 

Then I would have them continually work on the driveway until it's exactly as it should be.

 

And they can 'rinse' my house off AGAIN after getting the crud off the driveway.

 

I'd want an immediate response from both the onsite HOA rep (I'd have them at my home immediately to see-forget picture taking!) and I'd be in the office of the RE company asking to speak to the manager.  Insist they come out to your home, too.

 

I'd let BOTH know that you want the powerwash company back out immediately. They were two days ahead of schedule when they created this mess, so they should be able to afford you the time to correct the situation.  I would also contact the BBB, heck I'd go for the local news problem solvers.  And so what if you're HOA dues are paying for lawyers, you paid the dues---you also get representation!

Respected Contributor
Posts: 2,632
Registered: ‎04-03-2010

Since this occurrence happened on Sunday evening I feel I've been persistent w/both the President of our HOA and the HOA Mgmt Company.  Our President has only sent me very brief e-mails that all the units WILL be power washed and in reference to my mottled driveway, only that he received my messages.  The HOA Mgmt Co. has e-mailed me the same thing.  The vendor will return once he has completed his other jobs.  Apparently I'm last on the list.

 

I've read thru my HOA covenant agreement and it only mentions all exterior maintenance xcept for windows and skylights is included in our HOA fee.  So our lawns and shrubbery, roofs, siding, brick, driveways etc are taken care of under our HOA...I did not see anything re:  grievances.  Since it has not yet been a week, I think contacting lawyers is a huge expense that I'm just not ready for.  I do like the idea of registered letters to our board President and the Mgmt Co. 

 

I took such care to get my place ready for all this.  Removing my porch furniture, moving my flowers away, to make everyone's job easier, and this is what I get.  I have to wonder about myself sometimes, I'm always trying to make things easy for everyone else and trying to be considerate of neighbors n all.  I thought Townhome living would be easier, no worries, everything taken care of thru our high monthly HOA fees, but it hasn't been any easier and very difficult to get things done properly.  As an older single woman I guess I should get used to being less than everyone else, almost invisible sometimes as opposed to husband and wife teams who can get the husband to confront these types of situations and be listened to.

Flowers are nature's way of laughing
Respected Contributor
Posts: 2,632
Registered: ‎04-03-2010

Oh and I meant to say "Thank You" to all who responded with your advice.  Cat Happy

Flowers are nature's way of laughing
Esteemed Contributor
Posts: 6,109
Registered: ‎04-14-2013

Keep after them.  I've had similar experiences and I know it is disheartening.

 

If you're home when the crews come around, don't hesitate to let them know if something is unacceptable, or to stop.  Even if it is "community" property, that community property is yours to share.

 

And the shared property is a reflection on the community at large, so I would press that as an impetus for it to be fixed promptly.  At the very least, send a message that you are watching and that you will not stand by and let things like this continue to happen.

 

Can you talk to any neighbors who may stand with you?

 

Adding:  in my experience, vendors' crews don't always understand property lines and utility conveyances - they're just there to get a job done and one unit blends into the next.  Good luck to you.

Cogito ergo sum
Honored Contributor
Posts: 17,511
Registered: ‎06-17-2015

@jellyBEAN   I agree a lawyer is not needed; this is an issue for the HOA/Board to resolved.  Sloppy, poor work by the vendor.

 

Just document, document, document.  Also if you can text anyone do so.

 

Registered letters, emails, texts.  Document any phone calls -use your cell phone because then you have a log of all calls.

 

That company knows they are wrong; they should have come back immediately because they were PAID for a job they did not complete.  It doesn't matter that it has only been a week-even if they had sent out a rep to look at the damage that would have at least been a good faith action on their part.

 

Good luck. 

"" Compassion is a verb."-Thich Nhat Hanh
Honored Contributor
Posts: 12,882
Registered: ‎03-09-2010
I would show up in person at the powerwasing place. I wouldn't care if it were just a parking lot for the trucks I'd be there NOW and demanding to speak to the owner/manager. Phone calls and text messages/emails don't get thru to some people's THICK skulls. I'd be on top of this till it's done to my satisfaction. I would want it to be completed BY this weekend. Good luck.
Respected Contributor
Posts: 2,960
Registered: ‎05-21-2010

@jellyBEAN  First stop calling and start writing. Send all mail registered return receipt requested. Then like Cakers said document all contacts with dates, names and what was said or written. I would request that the president of the HOA board meet with me at my townhome along with the rep.from the management company. You should not be dealing with the vendor as you didn't hire them. You must be persistent. The HOA  will try to take the easiest way out. It is their responsibility to make things right for you. Don't give up. And oh you don't need a husband to take care of this for you. You can so this!