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HOA will not release Construction Bond

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1 HOA will not release Construction Bond on Sat May 07, 2016 12:24 am

Charisse Paredes

Arresto Menor

I am a resident of Avida Settings Nuvali and last June 2015 had my house renovated. I paid a Construction Bond of 20k to our HOA which will be returned to me upon completion of the renovation if found without violation. The renovation was completed last August 2015 and I processed the return of my Contruction Bond. This process included the inspection of the renovation by the Construction Committee of our HOA. Upon inspection, they found a violation. The new construction was beyond the allowed 3 meters setback.

I was surprised by this since we followed the approved architectural plans submitted to the HOA. When I went to the admin office of the HOA, they showed me that the blueprint had notations from the City Hall regarding the setback rules. Apparently, the Property Manager at that time told my contractor to bring the blueprints back to her as soon as my contractor gets it from the City Hall. The HOA up to this day still has the Owners Copy which was never delivered to us. I called the then PM (she already resigned when I was collecting my money) and asked her what happened. She told me to check the transmittal records of the HOA if she returned the blueprint to us. There was none. She said she forgot to return it.

The day the Construction Committee inspected my house and found the violation, they said to just forget about my money since it's only 20k. I said 20k is no joke and I will pursue my money. The Construction Com after finding out that I have been disputing, called for a meeting with my contractor without us and told our contractor to tell us to stop pursuing the money and that their decision is final. Upon finding out, I asked for a meeting with the current Property Manager. He said he will follow up but has not given me a resolution until now. He even stopped answering my calls and replying to my texts.

I escalated to the HOA Board of Trustees president. She asked me to write a letter detailing what happened and submit it to them. This was last Feb 2016. Up to this point, I have not received a resolution and the HOA president have stopped answering my calls and replying to my texts. Last I heard from her was last week when she told me the BOT will meet Sat (4/30/2016). I did not receive any update and as of this writing, the president has not answered my calls and texts.

While 20k may be a small amount to them, I feel cheated. The blueprint of the renovation was approved by the HOA Engineer with no notation regarding the setback. I thought all the while that everything was okay. Had the Owner's Copy of the blueprint with the City Hall's comments been returned to us, we would have made the necessary adjustments. I also feel that the HOA is deliberately delaying my dispute in the hopes that I stop pursuing the return of my money to me. Because if I do, the money will belong to the HOA. I have reached out to all the parties I could think of. Yet it has been 9 months and still I have no resolution.

Please help me. What can I do legally? I am at a dead end and have no more means of getting my money back.

Thank you in advance.


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