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Lease terminations causing problems in Michigan condo association

Posted on Sun, Nov 23, 2014 @ 07:00 AM
condo association facing issues over terminated leases 112314 resized 600

Three condo unit rental leases were terminated by the lessee before their mandatory 12-month lease was fulfilled. Can they present a new lease for a tenant? Our condo association by-laws specifically require a 12-month lease.

Thank you.

7 Comments Click here to read/write comments

Land jurisdiction between Master and Condo Associations up for debate

Posted on Sat, Nov 22, 2014 @ 07:00 AM
condo association land jurisdiction up for debate 112214 resized 600

I have a question about a 12 unit Nebraska condo association. At the annual meeting, a board member claimed jurisdiction and made a complaint about placement of some personal property outside the condominium. These were various garden tools and pots, stashed out of sight behind hedges. I also have a small antenna placed discretely in the back behind some bushes.

It turns out that the developer placed our building on a plot too small for the building, and in fact the place where I put these items lies outside the property line of the condo association. They sit on the property of a theoretical Master Association (another dysfunction caused by the developer and persons unknown decades ago…had written about this quagmire in the past).

It turns out that for years people believed our condo association owned the land around our condo unit, installing sprinklers and taking care of the maintenance. However, the deeds and property maps clearly show that the land along 3 sides of the building belong to the Master Association.

Here are my questions. Does the condo association Board of Directors have jurisdiction over these alleged encroachments? I will add that other condo unit owners have antennas on these no-man lands and the condo board members actually have taken control over small parcels of the actual condo property for gardening. I will also add that I’ve removed the items immediately after receiving a complaint, except for the antenna. It’s out-of-sight, and on the master condo association property, which does allow antennas.

3 Comments Click here to read/write comments

Condo unit owner lacks access to older versions of Rules/Regs and CCR

Posted on Fri, Nov 21, 2014 @ 07:00 AM
condo association member lacks access to previous Rules, Regs, CCR versions 112114 resized 600

I am part of an Illinois condo association. Our condo association Rules and Regulations were updated earlier in 2014. I moved into my condo unit 27 years ago and received a welcome packet at that time, but have never received a copy of the Rules and Regulations and/or CC&R.

Shouldn’t these have been provided? What am I supposed to compare the updated version to?

13 Comments Click here to read/write comments

Notification requirements for condo association board meetings

Posted on Thu, Nov 20, 2014 @ 07:00 AM
Condo association board member meeting notification requirements_112014

Our condo association board recently held its annual election on 11/1/14. Five positions were open and three people ran as incumbents. I was elected to one of the other two open positions.

I have just learned that the current condo association board President called a meeting and notified four of the five current members. The member who had not been notified has since been informed that the meeting is to be held tomorrow, yet this is only one day’s notice instead of the ten days’ notice that is stated in our condo association’s bylaws.

This is a closed meeting and is not open to all condo unit owners. That’s where I and the other person who is gone all Summer out of state are to be appointed. Aren’t the persons to be appointed to be included? And shouldn’t everything except legal or executive material be discussed at a meeting open to all condo unit owners? We have over 200 units in our condo association.

11 Comments Click here to read/write comments

Required attendance for condo association board quorum in Illinois

Posted on Wed, Nov 19, 2014 @ 07:00 AM
condo association member questions board requirement to hold quorun 111914 resized 600

What constitutes a condo association board quorum for executive session?  Our condo board is 7 members. However, 2 have recently resigned. At this point, If the board holds an executive session meeting and need quorum (50%?), would it be 3 members (50% of 5) or 4 members (50% of 7)?

I could not find this answer in either the Condo Property Act or our Bylaws. Also, I believe our Bylaws are quite outdated. Thank you.

7 Comments Click here to read/write comments

New condo association member surprised by Board operations

Posted on Tue, Nov 18, 2014 @ 07:00 AM
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Is there a government entity that governs condo associations? My condo association Board has been charging ongoing special assessments fees, three in the past two years. The first was for $4K and did not cover the work that had been promised (replacement of rotting wood, for example). Is there anyone who can help with this? I moved in to my condo unit years ago, am new to condo associations, and did not realize the immense level of control that exists.

The condo association was almost $100K in the black when I bought the unit. By the following year, they were almost $40K in the red. Other more involved condo association members have informed me of suspicion of stealing. I cannot believe the government lets this happen. They have just recently pushed two more assessments, claiming they are running out of money. I’ve seen the type of vendors they hire, and believe it’s really about the Board’s lack of business savviness. I don’t mean to slam anyone, but it’s the truth.

Some condo association members (not me at the moment) have a plan to get our current Board out of office, but the vote is not until the middle of next year. In the meantime, they have and may continue to siphon out so much unnecessary money from the condo association. We are a 20 condo unit association. I feel we shouldn’t have to wait until the next election to solve our issues, yet when this opinion is voiced we are basically told to ‘shut up’. It’s horrible. I’ll leave the community nameless, as they are good at doing wicked things to those who don’t value their skills and management.

Thanks ahead of time for any insight you can provide.

13 Comments Click here to read/write comments

Recent changes to Florida statutes affect existing HOA communities

Posted on Mon, Nov 17, 2014 @ 07:00 AM
Florida HOA law changes and raises questions regarding HOA board membership_111514

This question is in reference to recent changes to Florida statutes affecting existing HOAs. A new 2013 HOA law states that a homeowner must be appointed to the HOA board of a new development under developer control once 51% of the homes are sold.

Are there any exceptions to this new law?  Are the developers that were building homes before the new law passed exempt? Is this considered a “procedural change”, and am I correct that this can retroactively be applied? Thanks ahead of time.

3 Comments Click here to read/write comments

Condo owner upset over use of association garage carts for pets

Posted on Sun, Nov 16, 2014 @ 07:00 AM
condo association member not happy about how others are using garage carts 111614 resized 600

Our condo association has carts that are kept in the garage to use for moving groceries and other items from your car to your condo unit. One resident has an elderly dog that is heavy and will use the cart to carry the dog to get the car or go outside. This has become an issue and our management company has been contacted. Their response was that the ‘Welcome Packet’ (given to new residents) states the carts are to be used for transport of groceries and packages. There is nothing about the carts in the Rules and Regulations.

Does the ‘Welcome Packet’ become an instrument for making rules? Is the request/demand that carts should not be used for transporting pets reasonable? Thank you.

7 Comments Click here to read/write comments

Condo association faces high insurance rates after fire

Posted on Sat, Nov 15, 2014 @ 07:00 AM
condo association having difficulty getting reasonable condo association insurance 111514 resized 600

I live in a Michigan condo association with 152 condo units. We were paying $30K per year for condo association insurance, payable over 12 months, with a $10K deductible. There was a fire (and death) in 2013 that destroyed at least 5 condo units, and 10 others had to be partially replaced. It has been 11 months, and there are still 5 owners who have not moved back in.

Needless to say, the insurance was cancelled. We were put in the ‘high risk’ category and the only company that would insure us quoted $90K, paid in advance. It was a hardship on our 2014 budget, but we managed to pay $100K. Is there anyone out there who could advise us whether or not there are other sources that would insure us for less? The deductible remains at $10K, and come September we will need to fork over another $90K. Help please. Thanks!

4 Comments Click here to read/write comments

Can condo association board paint units a new color without a vote?

Posted on Fri, Nov 14, 2014 @ 07:00 AM
condo association board paints condo units new color without vote 111414 resized 600

My condo association Board of Directors has chosen new paint colors without input from all members of the condo association.

Does the Board have the authority to make major decisions that will affect the appearance of the community and potentially home values without a vote?

8 Comments Click here to read/write comments

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