Condo Association Management Blog

Getting our condo association recertified with FHA and HUD

We are trying to get recertified by HUD/FHA within our existing condo group. One of the requirements is providing a plot/site plan. Since we have been in existence since 1987, and were already approved (it lapsed last July without the knowledge of the Board of Trustees) Can we submit just the copy of the recorded Book/Page which we can get on line at the Registry, or do we have to submit the actual site plan of our condo?

How does condo buyer determine monthly fees from assessments?

I was recently told if a condo seller in Ohio adds a monthly HOA fee amount and a monthly "non-recorded" assessment amount and merely shows a "total" on a disclosure form, and a buyer or realtor or title company does not verify them as being two separate charges (one an HOA fee and the other an assessment), even though a seller doesn't "disclose" that assessment anywhere on the disclosure form and buyer isn't given the opportunity to negotiate the assessment because if wasn't disclosed, a buyer is legally required to pay the assessment no matter how long the payment/terms runs??? Can this be true??

Sample pets rules and regulations for condo associations and HOAs

Someone asked earlier for examples of condo rules regarding pets. Would any of you be willing to type in/share your rule/regulation regarding pets? I am looking for samples as we are considering proposing a change to our rules during our February 22nd Home Owners Meeting.

Can HOA add late fees to court order to pay disputed monthly dues?

The association took me to court for condo fees from about three years ago that they say I owe. The court decision was for me to pay the association $1,475.00. I appealed the court decision and said I want it to go in front of a jury. The guy that is treasurer has a site on the internet where he keeps track of my condo fees. He has been sending me links to this site since he started it. I went into the site after we went to court the first time and he has made an invoice number for the court decision that I appealed and he is adding 3% late fees every month to the court decision. Then I checked the individual invoices for this court case and he is also adding 3% late fees to each of these invoices which would total 6% interest per invoice per month. He also recently sent me an email telling me if I don't pay the court judgment he will sue me for personal damages. I also have multiple copies of each invoice he claims I owe that were copied on di fferent dates and at one point each of these invoices was paid in full.  I even have emails he sent me with the invoice numbers stating that they are paid in full. Does anyone know if this is legal? Can he legally add late fees to a court decision that I appealed? Can he really sue me for personal damages because I appealed the court decision?

New clause to Florida Statute 702 for HOAs. What does it mean?

The following clause has been added to Florida Statute 720 HOA. Can you help with interpretation? Can any member make a motion to cancel a contract at any time in the life of the contract or only at the next regular meeting. The clause has two sentences. The word 'ratified' in the second sentence seems to imply that any motion must be put close to the inception of the contract but the wording does not state this, as does the first sentence.

'Any contract entered into by the board may be canceled by a majority of the voting interests present at the next regular or special meeting of the association, whichever occurs first. Any member may make a motion to cancel such contract, but if no motion is made or if such motion fails to obtain the required vote, the contract shall be deemed ratified for the term expressed therein'

Condo owners waiting on board to replace health hazard windows

In November we submitted a request to our Board to approve new windows as our old ones have caused black mold and we have a baby on the way we don't want exposed. Our request was for a new frame and new glass, with no changes to the appearance, we did not ask our Board to pay for any part of it. Over 2 months later we still have not received an answer. We have provided all the information, and the company that we chose also provided all the information. We have a condo listing from 2 years prior for a different unit showing they have had their windows replaced (lists "new windows") but our board says they have never had windows replaced before (even though the condos were built in 1991 and they had aluminum windows) and for that reason they need to create documents about what is ok (specs etc.), this is their excuse for not telling us yes or no. Do we have any recourse for the extended time frame that it has taken to get a response? With the black mold, we need to get our windows replaced before our baby comes in 2-3 months. Do we have recourse if they don't approve for long enough that we can't bring our baby home because of the mold? I have requested a copy of the bylaws, but haven't received it yet, to see if there is a time limit of requests for written approval, but in sample bylaws I saw that many didn't have time frames for responses.

Condo association looking for do it your self CCRs to save money

We are a small 12 unit association. Our original CCRs were badly written and need to be updated, according to a lawyer we have been working with. To save on legal fees,we'd like to do most of the rewriting. Are there any CC&R templates available that we could utilize?

Association board keeps charitable donations a secret from owners

Our Florida HOA is a non-profit Association which makes profits and has given some of the profits to charities, gulf club, etc. without approval of the Board of Directors (BoD) or Association Members. The Officers of the Association keeps these profit secret and will not tell BoD or the Association Members the amount or how much is donated. Most Officers are on members of the BoD. I am certain the profits are not reported for tax reasons. Here is what one Officer sent by email. Please note that they hide behind the word funds and I do not question that funds are donated just profits. “Also, the association budget and profit and loss statements do not include an expense account for donations. The Financial Statements Balance sheet includes an accounting for the Activities Fund as an asset and liability efffectively deleting these monies from the association funds since they are not actual funds of this association.” Please comment on what one can do as these Officers ignore BoD and Association Members and they cannot be kick of the BoD because there are many that want them in.

Condo association in financial ruin. Owners taking board to court.

I belong to an association in New Jersey that has taken us into financial ruin. We owe 74K on our water bill, we have a lien against us of $130K from a contractor.  We got petitions together to call a special meeting to recall the Board. They won't set a date for the meeting. They are making us take them to court. Of course they have three attorneys we have one. Anyone ever come on this situation where you try to recall the board with enough petitions and they won't set a special meeting date?

Condo president gets owners to withdraw applications for board seat

I own a condo in a 150 unit complex in Florida. The condo board of directors actively (and vigorously) tried to recruit applications for director positions because they were afraid we would fall below the required 5 members. After receiving 8 applications the president of the board personally contacted 3 of the 8 applicants and "encouraged" them to withdraw their applications, presumably because he wanted to avoid an election. I was one of the extraneous applicants. I'm relatively new in the complex, and I withdrew because I didn't want to make waves, but in retrospect I regret it, and I'm a bit insulted. Is it ethical or even legal for a condo board president to personally contact board applicants in this way for this purpose? Doesn't this taint the entire election process?