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Condo owner has question on statute of limitations for debt payment

Posted on Sat, Dec 20, 2014 @ 07:00 AM
  
  
  
Condo owner wants to know statute of limitations on payment of debt 122014 resized 600

What is the statute of limitations on payment of debt in order for a previous condo owner to get their condo unit back?

5 Comments Click here to read/write comments

Condo Association member has questions about divvying up water bill

Posted on Fri, Dec 19, 2014 @ 07:00 AM
  
  
  
Condo Association member wants to know how water bill should be split 121914 resized 600

I’m a condo owner in a New York Condo Association. Our condo is a three story building with 7 apartment blocks, 3 apartments in each block.

For many years, we’ve paid or water/sewage from our maintenance fees as a common charge. Recently, it has been discovered that the city DEP actually has water meters installed in each block – one meter per 3 apartments. Some condo owners have requested a change such that the owners in each 3 unit block be charged according to their meter, and the cost would then be distributed according to shares in the condo association. It is not technically feasible to install sub-meters in each condo unit.

Can such a change be made without a vote from the entire condo association? Should we get a meeting of all condo owners and change our Bylaws, or can this be done by a Board decision? Last, does this present any legal issues?

14 Comments Click here to read/write comments

HOA Board member billing inappropriate expenses to the HOA

Posted on Thu, Dec 18, 2014 @ 07:00 AM
  
  
  
Condo Board member owes monies to HOA 121814 resized 600

For the second time this year, a member of our HOA Board has submitted expenses for items that were contrary to responsibilities for the HOA. For the first expenditure, the Board admonished the member and included an explanation of why. For the second expenditure, the member will be asked, with the approval of the other Board members, to return the monies to the HOA.

Based on my four-year history on the Board with this member, they will undoubtedly refuse to return the monies. A motion will then be entertained to excuse the person from office, without cause (our Bylaws permit this), for the remainder of their term, which is at the end of this month.

I have reviewed Robert’s Rules and have not found an answer to this question. How can we prevent this person from nominating themselves at the election next month and not allow them on the ballot for at least one year?

10 Comments Click here to read/write comments

Are Condo Association Office Managers required to be licensed?

Posted on Wed, Dec 17, 2014 @ 07:00 AM
  
  
  
Condo Association Office Managers and licensing requirements 121714 resized 600

I live in a 227 unit Illinois Condo Association, and we are currently looking for an office manager. I’m not referring to a property management company, simply an individual that would be in charge of bookkeeping and collecting fees for the association. It would be a role more similar to an office manager at a larger company.

I’d done this type of work for about twenty years. We used accounting software and contracted out our auditing services. The person we are considering has the experience of managing an office of a huge complex. Is it required that they are licensed in property management, or in the process of becoming licensed?

6 Comments Click here to read/write comments

Disabled condo owner troubled by Association's lack of accomodation

Posted on Tue, Dec 16, 2014 @ 07:00 AM
  
  
  
condo owner has special needs for parking in condo association during snowstorm 121614 resized 600

I live in a Massachusetts Condo Association with deeded parking. I’m handicapped and disabled with severe pain and weakness, and am nearly home bound. I’ve hired help to clear off my car after a snowfall. In order for the plow to remove snow from the parking lot, it is necessary for my car to be moved to a visitors’ spot that would have already been cleared. However, the condo association has refused my request on multiple occasions, citing that I must follow the same rules as other condo association members.

Mustn’t they provide for this accommodation? Is there potential for suit here, given that this could be in violation of the Americans with Disabilities Act?

14 Comments Click here to read/write comments

What is the statute of limitations on condo unit debt in Florida?

Posted on Mon, Dec 15, 2014 @ 07:00 AM
  
  
  
condo owner wants to know statute of limitations on paying condo debt 121514 resized 600

I am a member of a Florida Condo Association, and have a legal question. A previous owner of one of the condo units, who is long-gone, owes the bank $75,000. The bank is refusing to sell, as they don’t want to be sued if the previous owner pays the debt.

What is the statute of limitations on paying off condo unit debts to the bank?

7 Comments Click here to read/write comments

Condo Association President being advised to seek legal advice

Posted on Sun, Dec 14, 2014 @ 07:00 AM
  
  
  
condo association president advised to seek legal council 121414 resized 600

Several questions were asked in my Condo Association on how to handle an upcoming assessment according to the Bylaws. The President is now being questioned on their decision when they were only trying to do the right thing to protect the condo association from future problems. The property management company is now advising to seek legal advice. Further, one of the condo owners is unhappy with the attorney’s advice and is trying to rescind the assessment altogether, threatening to file with the ombudsman.

Does a Condo Association Board of Directors President have the right to seek legal advice after being advised to do so from the property management company without Board approval?

7 Comments Click here to read/write comments

Is advanced notice required for Condo Association Board candidacy?

Posted on Sat, Dec 13, 2014 @ 07:00 AM
  
  
  
Condo Association President wants guidelines on when candidates can decide to run 121314 resized 600

Hello all! I have a question regarding the annual Condo Association meeting that is held for election of Board of Directors members. It is my understanding that the property management company sends out a letter a few months ahead of time to all condo owners with a resume to complete if they would like to be on the ballot. Once completed and submitted by the deadline, copies of all candidates’ resumes (including current BOD members running for reelection) are sent out to inform the community of nominees.

In the the past, persons who did not take the time to fill out their statement of candidacy have simply raised their hand at the meeting and have wound up on the Board, causing a lot of problems. I feel this is not fair to the condo association community, that deserves to know more about these candidates who decide last-minute to ‘give it a try’ and turn out to be underqualified for their elected roles.

At the meeting, are we required to ‘open the floor’ for nominations?  And, yes, I am the ‘lucky one’ who gets to ‘preside’ over the meetings!

9 Comments Click here to read/write comments

First-time Condo Association President wonders, 'Where do I start?'

Posted on Fri, Dec 12, 2014 @ 01:45 PM
  
  
  
First time condo association president needs to know where to get started 121214 resized 600

Hello there. I am a first-time President in a Vermont Condo Association. I need to know the procedures for managing this position.

Does anyone have any advice on how I should go about getting started?

9 Comments Click here to read/write comments

Condo owner wants to prevent garage bays from being rented to public

Posted on Fri, Dec 12, 2014 @ 07:00 AM
  
  
  
HOA wants to change bylaws for motor bikes, boats, and trailers 111814 resized 600

I live in a 32 unit Minnesota Condo Association. We have eight extra garage bays to rent out. The Board has recently decided to rent them out to non-residents, which is against the Bylaws. This also presents a security issue, as the dividing walls between bays are open on the top. We are not licensed by the city as a public storage facility, nor will the city get involved.

I would rather see the garage bays empty until an owner or resident takes it. How can we as condo owners prevent the Board from renting these bays to the public?

6 Comments Click here to read/write comments

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